Toll Brothers, Incorporated

This matter has been resolved with the homeowner.  The project manager met with the homeowner and an agreement was reached to fix the nail pops in the family room and repaint as needed as part of the homeowners’ 30-day warranty list submittal.  All other nail pops will be identified by...

the homeowners in their 11-month warranty list and they will be fixed at that time.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:
The proposed remediation plan and "fix" is not in accordance with the initially proposed fix by their own independently hired expert, Dr. [redacted].  Their proposed remediation plan was incredibly limited in scope, so much so, that had we not hired our own independent mold remediation company and contractor we would have missed 60% of the pervasive mold issues throughout our home.  I solicited 3 bids for independent remediation and they ranged in price from $100k - $300k+ and proposed timelines were 30-90 days for remediation and rebuild.  Toll outlined a proposal that cost them $17k (acknowledge that they receive preferred volume pricing) and estimated it would take them a week to complete the process.Toll is offering a band-aid solution to something that is much more pervasive than they are willing to address.  I'm insulted and ashamed that they will not stand by the quality of their design and craftsmanship.  My issue is not an isolated issue and it is well documented to have affected numerous homes in my community.  I will not rest until my home is restored and I am made whole.  Regards,
[redacted]

RE: Complaint [redacted]   Dear Ms. [redacted],   I am in receipt of the customer complaint submitted by [redacted] regarding the warranty of his home.  Since receiving the complaint, I have assumed responsibility for handling the remaining items from Mr. Forte and have scheduled an...

appointment on 6/27 with Mr. [redacted] to review and schedule the remaining work in his home.   Toll Brothers is committed to providing the highest level of customer service and we will ensure Mr. [redacted]’s warranty is completed to their satisfaction.   Sincerely,       Justin P[redacted] Project Manager Toll Brothers, Inc. Tell us why here...

Thank you for providing Toll Brothers the opportunity to respond to the Complaint filed by [redacted].The actual facts are different than those represented in [redacted]s customer statement. On July 27, 2017, [redacted] did sign an Agreement of Sale with Toll FL Limited...

Partnership.  Contrary to what was alleged in his statement, [redacted] was not required to use [redacted] Mortgage Company for this transaction.   In fact, the first sentence in the paragraph of the Agreement dealing with financing states that “Buyer has the right to select a mortgage lender of Buyer’s choosing.” Notwithstanding the foregoing, [redacted] was required to submit an application to [redacted] Mortgage Company and any other lender of [redacted]s choice.  [redacted]s application for financing with [redacted] Mortgage was denied.  Pursuant to the terms of the Agreement that [redacted] executed, Toll FL Limited Partnership had the ability to extend the time for [redacted] to secure financing, or in the alternative the Agreement provides that Toll FL may elect to terminate the deal.  There is nothing in the Agreement that gives [redacted] the right to unilaterally terminate his Agreement and receive a refund of his deposit as he suggests in his customer statement.Notwithstanding the foregoing, Toll FL Limited Partnership has decided to exercise its right to terminate the Agreement of Sale and return the deposit to [redacted].  Toll has not ignored [redacted]s repeated requests as he suggests, but is in fact in the process of processing his refund which he will have shortly. Thank you again for allowing Toll Brothers the opportunity to clarify these facts and respond to your organization and this consumer.  Regards,Brian O[redacted] Toll Brothers

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:A week passed by and no scheduling is done yet to fix the issues. Had friends visiting us this long weekend and it was embarrassing to host them with these issues. Looks like customer care is the lowest priority. This is dragging on for months now. 
Regards,
[redacted]

A general letter was sent out to numerous resident pet owners requesting them to register their pets with the leasing office.  This letter was sent to [redacted] in error.  The $500  pet fee was never charged to her account and her payment of $500 was partially applied to rent to cover...

an error in billing in the amount of $383.00 leaving a credit balance of $107.00 which [redacted] applied to the following month’s rent.  We will be contacting [redacted] to review the specifics of this situation and resolve any outstanding questions.

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because: Fraudulent contract!!!!!!  Fraud should override arbitration clause. It is outrageous that Toll Brothers, along with other builders, are allowed to continually scam consumer after consumer. I moved into a beautiful, yes beautiful, townhome BUT past all that beauty is mold, shoddy construction and flooding. I moved in 2/16/17 and flooded with 6 inches of water on 4/7/17 ruining numerous personal items along with my entire inventory of my internet business and yet again another flood on 5/6/17 destroying even more.  To date I have no use of my basement, garage and driveway. Toll promised to "make me whole". Toll put a claim into their insurance company, [redacted] insurance, and to date no monies from either. My business is shut down as a result and I may never be able to re-launch at this rate. Still paying my monthly business expenses and my customers are emailing prayers and good wishes along with a desired date of the re-launch.  My family has not even settled into our supposed beautiful home, never able to fully unpack our belongings which have now been destroyed. This destruction is not just destruction of property it is a destruction to my boys and my memories of my deceased husband and our family photos. It goes straight to our hearts which can't even be put into words.  So to say I'm living in a beautiful townhome is a MAJOR understatement - I'm living in at [redacted]!  Really unprofessional at its best. The attorney for Toll, John M[redacted], rarely responds to my attorney. So we sit and wait while water still seeps in.
Regards,
[redacted]

[redacted] said the claim is because the piping is the wrong size, not because of the angle of how it was run. Per the documentation I supplied from [redacted] and the US Department of Energy the correct size pipe was used for the unit installed and the type of run for the exhaust pipe. After our warranty period ended in May of 2015 [redacted] had contractors do maintenance on the unit that are not certified by [redacted], the manufacturer of the HVAC unit. [redacted] also had another contractor other than [redacted] do maintenance work as well. We reject that we installed anything wrong on his unit as when the warranty ended there were no outstanding issues with his HVAC unit to our knowledge and he has had other contractors do work wit the unit.

On 8/31 a meeting was held with our warranty staff to go over the outstanding issues so we could ensure that everything was addressed quickly and efficiently.  On 9/6 an email was sent to Mr. [redacted] asking for his availability to have the remainder of the work completed during the week of 9-11.  We are currently awaiting his response.

November 15, 2017Dear [redacted]:This letter will serve as Toll Brothers' further response to the above referenced complaint.Homeowner raises additional concerns in his response that were not part of the initial complaint. Toll Brothers has previously responded to homeowner on these items, conveying that they are not covered under the Home Builder's Limited Warranty administered by [redacted].Toll Brothers stands by its previous responses. If the homeowner does not agree with Toll Brothers' position, he may submit a claim under Home Builder's Limited Warranty that is administered by [redacted] pursuant to the dispute resolution procedure set forth in the warranty.Thank you for your attention to this matter. If you require additional information, please let me know.Sincerely.Mike M. Sr. Project Manager

The owner's ([redacted]) current complaint relates to her concern about a potential fence encroachment on her lot.  The project manager and the owner have agreed to meet at the owner's home on Tuesday, October 24th, together with our surveyor with the goal of showing the owner all of the lot corners.  The owner's concern about a possible fence encroachment arose out of the location of a random construction stake that the owner believes is on the property line.  However, that particular stake was not intended to delineate the property line and is not on the property line.  The neighbor's fence is not located on the owner's property.  The project manager and our surveyor will explain this in the meeting with the owner and locate the lot corners.

Response:The homeowner’s concerns noted in the desired outcome/settlement section were addressed prior to the closing of the home on 12/13/2017. Thank you, Anthony S[redacted] LEED AP ID+CAssistant Project Manager

August 09, 2017I understand your terrible situation and Toll Brothers wants to move forward with your remediation, however your report addressed issues that were not caused by Toll Brothers. If you will allow us, we are more than willing to address the 2nd floor items that are a result of the...

excessive duct condensation. Pending the schedule, I can have Manny jump on this ASAP. Once our remediation is in progress, in order for us to finish, proper air clearance tests are needed and we can furnish those results to you ensuring that the organic growth has been eliminated.I want nothing more than to work with you and once we are inside addressing the 2nd floor areas, we can review the 1st floor locations to double check whether they are builder or homeowner related.We definitely will be installing spray foam in your home at no charge, should you still allow us to do so. This solution eliminates the need for the original proposed fix as the entire attic space becomes air tight and within 5-10 degrees of the interior. Part of that original fix went against code and the City was not too comfortable with it, therefore [redacted] was a better solution for all parties involved which is why Toll Brothers decided to head in this direction. We would need you to sign a permit application for this which Manny has available so that we can pull the proper permit.Please let me know.Regards,Damon S.Senior Project Manager

Dear [redacted],                I write to you in response to the recent complaint we received from your office. Thank you for bringing this issue to our attention....

               As of today, August 3rd, we believe that Toll Brothers has mitigated the concerns of our customers, [redacted] and [redacted]. On Tuesday, August 2nd, a senior management team met with [redacted] and [redacted] at their home to discuss their issue. Based on the outcome of this meeting we believe that [redacted] and [redacted] are in agreement with the action plan we proposed.                This plan involves scheduling our trade partners to come to their home to make necessary repairs. Some of these contractors had already been scheduled for that same day, Tuesday August 2nd. One of these trade contractors, the painters, was there to specifically address the stucco issue. Most of the others are scheduled for Tuesday, August 9th.                Additionally, we are of the opinion that this meeting provided a good forum for [redacted] and [redacted] to voice other concerns. It also gave Toll Brothers the opportunity to listen and then reassure them of our commitment to resolving these issues.                We will continue to keep you informed of our progress and or our completion of the repairs. Sincerely, Richard C[redacted] Toll Brothers, Inc.

In response to this complaint, on June 19, 2017, on behalf of Toll Brothers, I met with the homeowner at his home to inspect the areas of concern that were noted in the claim.    There is no indication that cracks in the windows and/or nail-pops on any walls are related to a structural...

issue or deficiency.  The home closed in 2012, and is well outside the warranty period for coverage related to cosmetic issues.  In addition, I reviewed the manufacturer’s warranty for the [redacted] Windows in the complainant’s home, and found these cracks were not covered under their warranty either.  I have documented our position to the homeowner.  Due to the lack of any warranty coverage, Toll Brothers will not be taking any further action in this matter.   Thank you for providing Toll Brothers with the opportunity to respond to this Complaint.

July 21, 2015Revdex.com 1411 K St. NW, 10" Floor Washington, DC 20005-3404RE: Complaint ID: [redacted]Follow-upTo Whom It May Concern:We are in receipt of the follow-up correspondence regarding the above referenced complaint. Please be advised that our project team has reached out to Mr. [redacted] in an effort to schedule an inspection of his home the day before or the day of closing to confirm no damage was caused to the home following his final walk-through.If there are any further questions please feel free to contact me at ###-###-####, ext. 202.Regards, Andrew S[redacted] Division President

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:April 1st, 2014
Dear [redacted]I hereby acknowledge receipt of your letter of April 1st, in which you convey to me Toll Brothers’ reply to my grievance, via their attorney. I thank Toll Brothers for taking the time to reply, and I thank you very much for giving me the opportunity to rebut their reply.As [redacted] points out, I did submit a complaint with the Office of the Attorney General’ Bureau of Consumer Protection (BCP). The reason I am resubmitting this matter to your consideration is that Toll Brothers failed to answer my grievance in the BCP complaint. If I complained that my window is broken and Toll Brothers answered that my door works fine, you wouldn’t consider that to be a v[redacted]d response. Likewise, if I am complaining that water is rushing to my basement at an alarming rate all year around, under rain or shine, summer and winter, day and night, telling me that my pump works fine does not address my grievance. A sump pump is designed to pump rain water that may occasionally find its way into the perimeter of my home whenever it rains or snow melts; what my sump pump is de[redacted]ng with is a constant flow of water from an unknown source (water table? Spring? Underground drainage?).This issue poses several problems, including such minor issues as the cost of running the pump and the inconvenience of the pump running constantly in the basement, making it unusable; most of all, this situation puts our home in a constant danger of being flooded. To give you an idea: Today, April 1st, 48 hours after the last drop of rain has fallen on our home, our sump pump kicks on every 15 seconds (not minutes, seconds). In January and February, at the height of the polar vortex, when the temperatures were stuck in the teens for days on end and the snow was frozen solid, our pump was running every 25 to 30 seconds; it was not draining any rainwater nor any snow melt, but was draining water from deep underground, that stayed warm. The flow of water into my sump pump is so big that we are at the mercy of a pump breakup, or a power outage; we have installed a backup pump, which is battery operated, but it is incapable of keeping up with the flow of water (battery operated backup pumps have limited capacity, by design). If we get a power outage of an hour or so, my basement will get flooded. Whenever I hear of a storm to the area, I go out and rent a gas-powered pump, to use in case our power goes out or the pump breaks.Toll Brothers did dispatch the construction manager and the plumber last June to inspect the situation. They were smiling broadly through the whole tour and raving about how nice the pump was, oblivious to my repeated reminders that I am not questioning the qu[redacted]ty of their pump but the qu[redacted]ty of water drainage around my home. They claimed at the time that the reason for the rush of water into my basement was that water was drained near the home and was cycling back; consequently, they offered to extend the drainage pipe to prevent water from cycling. Their explanation does not hold, and I told them so: my backyard and my neighbor’s backyard were completed swamped with water coming out of my sump pit; half of my neighbor’s (very large) backyard was a muddy mess that is totally unusable; clearly, water is not cycling, but staying outside. Nevertheless, Toll Brothers went ahead and extended my drainage pipe towards the easement at the back of my home. As I was expecting, this made absolutely no difference; water is still rushing into my sump pit at the same rate as before. But it was a clever move, since it resolved the grievance of my neighbor, who was complaining that his backyard was swamped with water from my sump pump.What I respectfully request:•    That Toll Brothers stop playing games and address the real issue that I am complaining about, namely the drainage of water around my home (and not the qu[redacted]ty of their sump pump).•    That Toll Brothers acknowledge that this situation does constitute a defect in the home, and that because they sold me the land and the home, they bear responsibility in this defect.•    That Toll Brothers work with me, in good faith, to find a solution to this defect. The one-year warranty of Toll Brothers means nothing to us if it does not mean that we are covered for such serious defects, which have serious implications for the usability of our home.I am not sure what is the nature of the problem, nor how to solve it. As far as I am concerned, it could be that Toll Brothers built my home on a spring, or that they built it in the middle of a water table, or that water from the neighborhood is being drained near my home, etc. The only people who know the nature of the problem and its solution, because they excavated the land and they built the home, are the construction crew of Toll Brothers. I kindly request that they give this matter their attention, and address it in good faith.Thank you very much again for giving me the opportunity to make my case, and best wishes,,, Sincerely,
Regards,
[redacted] ps  I am also attaching email correspondence with Toll Brothers in which I was doing my best to find a resolution with them.  their reaction:  they did not bother to reply, despite their promise.
-------------------------------------------------------------email sent january 6 to [redacted] Walter, Toll Brothers------------------------------------------------------------------------...⇄ 6
Thanks, [redacted].  for your information:  the pump has been kicking on every 35 second to 1 minute up to the recent snowstorm; last night, it slowed down to once every four minute; this morning it is back up to once every 35-40 seconds.  my fear:  with the upcoming freeze predicted for tonight and tomorrow, the drainage pipe will clog with ice and I will get flooded.  also, with the frequency it is going, a power outage of 20-30 minutes is enough to cause a flood; even the backup battery-powered pump will do no good, given the rate at which the pit fills with water.
thanks for your consideration, and best wishes for the new year,,
[redacted]
--------------------------------------------------------email sent january 7-------------------------------------
[redacted]
I called you twice today, but there was no answer.  pls let me know whether toll brothers intends to address this matter or not.  my pump has been running on a 35 second schedule for the last several days; it is nerve racking.
thanks,,,
-----------------------------------------------------------------------------ema...⇄ reply from [redacted], january 8----------------------------------------------------
[redacted],
 
I will speak to [redacted] first thing this morning.  He does have your email but may have had to discuss with his management as well but either he or I will contact you. 
Thank you for your patience,
 --------------------------------------they never called, showing utter contempt---------------------

To whom it may concern,
We have discussed the matter with the homeowner and have scheduled an electrician to determine the source of the problem with the pier light.
The homeowner was satisfied with that information.
We will continue to work with the homeowner until the matter...

is resolved.Thanks
 
Mike M[redacted]
Project Manager
The Meadows at Marlboro Ridge

Hello,
 
Thank you for reaching out to us to review your warranty concerns. A warranty representative and senior manager in the [redacted] area will be reaching out to you shortly to set up a time to review the items that you have identified.
 
Thank you.