TRI Pointe Homes Inc

In June of 2016, the *** (Buyers) and TRI Pointe Homes entered into an agreement for the sale of a new home Buyers agreed that if they failed to close escrow due to reasons within their control,TRI Pointe would be damagedThose damages would include, but not be limited
to, the cost of holding the home for Buyers, adding options of the Buyers’ choice and the cost of having to hold and resell the houseRather than attempt to calculate actual damages, the parties agreed that the set amount for those damages would be the amount of the Buyers’ earnest money deposit (in this case, $10,0000) The agreement is known as ‘liquidated damages’ and is very common in real estate purchase contractsIn September of 2016, one week before their scheduled closing, Buyers informed TRI Pointe that they would not go through with the purchaseThe house did not close escrow and remains on the marketTri Pointe’s actual damages may already exceed the amount of the agreed damages and continue to grow Buyers pointed to minor issues in the home as the reason they would not go through with the saleAll of the issues asserted by Buyers were minor ‘fit and finish’ items which were all corrected prior to the closing dateThe actual reason for failing to purchase the house was that Buyers simply changed their minds and purchased a different residence; a decision which may be understandable but one which emphasizes the practicality of a liquidated damages agreementThe agreement is a fair and accepted solution which allows for a change in course by the buyer without harming the sellerIn this case, TRI Pointe’s actions are consistent with the contractBy demanding their deposit be returned, Buyers are ignoring the effect of their actions and have not kept their part of the bargain

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

TRI Pointe has offered a $payment toward the cost of a fence that the homeowner will installNotwithstanding this accommodation it is important to note that TRI Pointe disputes the allegations of the complaintThe fence installation was consistent with the contract and HOA
guidelines and the HOA did approve the fence before installationMoreover, TRI Pointe was not informed that the fence was unsatisfactory until four months after the buyer moved in On a more particular note, TRI Pointe strives for transparency with its buyers and routinely performs beyond its contractual responsibilities Any inference that the company or its employees were less than straightforward with this buyer is specifically denied

Most of the issues identified by Buyer were open and obvious conditions, matters outside the control of TRI Pointe or building conditions already set by the entitlement processTRI Pointe and the Buyer discussed each of the conditions which are the subject of the complaintTRI Pointe offered
solutions or explanations for every concern Eventually Buyer chose to terminate their purchase agreement and TRI Pointe accepted the terminationBuyers’ earnest money was handled pursuant to the terms of the contract
*** ***

Hello The company did respond to us but problem has not solve Thank You to reach out to me

Buyers and TRI Pointe reached a compromise on this issue during the sales process Basement construction was built as full foundation basement rather than transitional basement as originally planned Buyers were given the option of cancelling their purchase but the parties agreed to a
$price accommodation after negotiations and some construction modifications The window about which buyer complains was never going to be a component of buyers home and existing window configurations are a result of the agreement between Buyers and TRI Pointe

Tell us why here
TRI Pointe has confirmed all the issue were resolvedBuyers are not in the position to allege they were not resolved because they have not been to the home since cancelling the sale. At the time Buyers cancelled the only condition pending for Buyers’ loan was the VA appraisal .TRI Pointe expected it in time for the closing on September 30th. After Buyers cancelled the sale of the house, the VA appraisal was also cancelled so as not to incur the costThere was no reason for buyers to expect the loan would not be funded or that the home would not close on time

In June of 2016, the *** (Buyers) and TRI Pointe Homes
entered into an agreement for the sale of a new home Buyers agreed that if they failed to close escrow due to reasons within their control,TRI Pointe would be damagedThose damages would include, but not be limited to, the cost of holding the home for Buyers, adding options of the Buyers’ choice and the cost of having to hold and resell the houseRather than attempt to calculate actual damages, the parties agreed that the set amount for those damages would be the amount of the Buyers’ earnest money deposit (in this case, $10,0000) The agreement is known as ‘liquidated damages’ and is very common in real estate purchase contractsIn September of 2016, one week before their scheduled closing, Buyers informed TRI Pointe that they would not go through with the purchaseThe house did not close escrow and remains on the marketTri Pointe’s actual damages may already exceed the amount of the agreed damages and continue to grow
Buyers pointed to minor issues in the home as the reason they would not go through with the saleAll of the issues asserted by Buyers were minor ‘fit and finish’ items which were all corrected prior to the closing dateThe actual reason for failing to purchase the house was that Buyers simply changed their minds and purchased a different residence; a decision which may be understandable but one which emphasizes the practicality of a liquidated damages agreementThe agreement is a fair and accepted solution which allows for a change in course by the buyer without harming the sellerIn this case, TRI Pointe’s actions are consistent with the contractBy demanding their deposit be returned, Buyers are ignoring the effect of their actions and have not kept their part of the bargain

rgb(31,73,125)">Most of the issues identified by Buyer were open and obvious conditions, matters outside the control of TRI Pointe or building conditions already set by the entitlement process. TRI Pointe and the Buyer discussed each of the conditions which are the subject of the complaint. TRI Pointe offered solutions or explanations for every concern.  Eventually Buyer chose to terminate their purchase agreement and TRI Pointe accepted the termination. Buyers’ earnest money was handled pursuant to the terms of the contract.
[redacted]. [redacted]

Tell us why here... TRI Pointe has confirmed all the issue were resolved. Buyers are not in the position to allege they were not resolved because they have not been to the home since cancelling the sale.  At the time Buyers cancelled the only condition pending for Buyers’ loan was the VA appraisal .TRI Pointe expected it in time for the closing on September 30th.  After Buyers cancelled  the sale of the house,  the VA appraisal  was also cancelled so as not to incur the cost. There was no reason for buyers to expect the loan would not be  funded or that the home would not close on time.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[At no time were any offers made by Tri-Point to resolve the issues we brought to their attention. All items were discussed in a meeting with Tri-Point representatives, myself, and our real estate agent and the response at the time was that we were free to terminate the contract if we desired. Subsequently we received no other offers from Tri-Point so we tried to escalate a resolution to this by filing this complaint with the Revdex.com and it has now been almost 10 months since the complaint was filed and this is the first response from Tri-Point. After filing this complaint and not hearing a response we accepted the advise of our agent to file the CO real estate commission forms for termination and return of ernest money so it would be on record that we asked for our ernest money back. While these CO real estate forms do not govern the purchase of this property Tri-Point then unilaterally terminated our contact citing a provision in our contract that we were not being cooperative. I do not believe it to be a valid argument that we were not being cooperative when no offer other than to terminate the contract was ever made by Tri-Point to resolve the issues. Since the dispute mechanism provided by the contract was not utilized it is my position that this unilateral termination by Tri-Point was not valid and we are therefore entitled to the full return of our ernest money.]
Regards,
[redacted]

TRI Pointe has offered a $2500.00 payment...

toward the cost of a fence that the homeowner will install. Notwithstanding this accommodation it is important to note that TRI Pointe disputes the allegations of the complaint. The fence installation was consistent with  the contract and HOA guidelines and the HOA did approve the fence before installation. Moreover, TRI Pointe was not informed that the fence was unsatisfactory until four months after the buyer moved in.  On a more particular note, TRI Pointe strives for transparency with its buyers and routinely performs beyond its contractual responsibilities.  Any inference that the company or its employees were less than straightforward with this buyer is specifically denied.

Ms. [redacted],
TRI Pointe Customer Care has been working closely with Ms. [redacted] since her closing date. Ms. [redacted] made an “as is” purchase of a model home which meant taking possession of the home in its current condition, including the existing rug and outdoor barbecue island, in exchange for pricing accommodations.  Notwithstanding the agreement between the parties to purchase the home as is, TRI Pointe, in a gesture of good will, agreed to convert the barbecue grill from propane to natural gas at no cost to Ms. [redacted]. That installation will be completed as soon as permitting from the local utility company is finished.   
 
Please do not hesitate to contact me if you should have any questions or comments.
 
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
 
The issues are not "minor" fit and finish, and were not resolved (to date as far as I know). At the same time, they were unable to close the loan, as they failed to provide the VA with advance notice to allow for the VA inspection that was required for the loan to go to underwriting, so there would have been no purchase on the closing date regardless of the condition of the home. 
Regards,
[redacted]

Ms. [redacted],TRI Pointe Customer Care has been working closely with Ms. [redacted] since her closing date. Ms. [redacted] made an “as is” purchase of a model home which meant taking possession of...

the home in its current condition, including the existing rug and outdoor barbecue island, in exchange for pricing accommodations.  Notwithstanding the agreement between the parties to purchase the home as is, TRI Pointe, in a gesture of good will, agreed to convert the barbecue grill from propane to natural gas at no cost to Ms. [redacted]. That installation will be completed as soon as permitting from the local utility company is finished.    Please do not hesitate to contact me if you should have any questions or comments. [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. The issues are not "minor" fit and finish, and were not resolved (to date as far as I know). At the same time, they were unable to close the loan, as they failed to provide the VA with advance notice to allow for the VA inspection that was required for the loan to go to underwriting, so there would have been no purchase on the closing date regardless of the condition of the home. 
Regards,
[redacted]

Hello 
The company did respond to us but problem has not solve 
Thank You to reach out to...

me

Buyers and TRI Pointe reached a compromise on this issue during the sales process.  Basement construction was built as full foundation basement rather than transitional basement as originally planned.  Buyers were given the option of...

cancelling their purchase but the parties agreed to a $6000 price accommodation after negotiations and some construction modifications.  The window about which buyer complains was never going to be a component of buyers home and existing window configurations are a result of the agreement between Buyers and TRI Pointe.

Review: 1.) Hardwood stairs: In our contract and the option book that hardwood stairs are included, Tri-Point discovered this during our design center visit and would not honor the contract.

2.) House Orientation: We requested to have the mirror image of our house situated on the lot and were informally told this could be accommodated, best views of the mountains are now from the kid’s bedrooms vs. the mstr bdrm and living room.

3.) Utility vaults: All utility vaults are placed on our lot detracting from the curb appeal

4.) Street sign: Street sign is large and located directly in front of the front porch and detracts from the curb appeal

5.) House lot grading: grading plan calls for steep grading of the lot limiting landscape functionality

6.) Corner lot landscaping: Unable to get definition on what tri-point is providing as per the contract.

7.) Lot 19 plan: Originally told the house behind us would be facing the opposite street but has now been located 38’ back to back with our neighbor. Given the lot grading and closeness this will lead to a very expensive landscaping solution.

HOA issues:

8.) Metro District [redacted] has already been increased from 2014 to 2015 ($400/year) since the contract was signed.

9.) Lake access has been restricted (only access now with 2 HOA provided kayaks). Advertisements and brochures show non-motorized activities including sailboats.Desired Settlement: refund of deposit and cancellation of contract. We originally proposed alternative resolution to the tri-point sales agent including relocation to a new lot but would not be accomidated.

Business

Response:

Most of the issues identified by Buyer were open and obvious conditions, matters outside the control of TRI Pointe or building conditions already set by the entitlement process. TRI Pointe and the Buyer discussed each of the conditions which are the subject of the complaint. TRI Pointe offered solutions or explanations for every concern. Eventually Buyer chose to terminate their purchase agreement and TRI Pointe accepted the termination. Buyers’ earnest money was handled pursuant to the terms of the contract.

[redacted]

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[At no time were any offers made by Tri-Point to resolve the issues we brought to their attention. All items were discussed in a meeting with Tri-Point representatives, myself, and our real estate agent and the response at the time was that we were free to terminate the contract if we desired. Subsequently we received no other offers from Tri-Point so we tried to escalate a resolution to this by filing this complaint with the Revdex.com and it has now been almost 10 months since the complaint was filed and this is the first response from Tri-Point. After filing this complaint and not hearing a response we accepted the advise of our agent to file the CO real estate commission forms for termination and return of ernest money so it would be on record that we asked for our ernest money back. While these CO real estate forms do not govern the purchase of this property Tri-Point then unilaterally terminated our contact citing a provision in our contract that we were not being cooperative. I do not believe it to be a valid argument that we were not being cooperative when no offer other than to terminate the contract was ever made by Tri-Point to resolve the issues. Since the dispute mechanism provided by the contract was not utilized it is my position that this unilateral termination by Tri-Point was not valid and we are therefore entitled to the full return of our ernest money.]

Regards,

Review: Tri Pointe didn't install a window in my basement. I paid extra for a Garden Level Basement, which includes an extra window. I have asked repeatedly to different levels of management, who have all given very bad excuses of why they can not fix it. So I paid for something that I did not get, and now Tri Pointe refuses to correct there mistake.

I have been continually disappointed with the poor quality of both the craftsmanship and low quality materials (hardwood floors, carpet, cabinets, ect.) used. Tri Pointe warranty department uses any excuse not do fix issues that are clearly warranty issues. They repeatedly told me defects are "industry standard", until I asked to see the standards, which I guess do not exist as they could not show me.

Unethical and very disappointing!Desired Settlement: I would like Tri Pointe to install the missing window, and stop with the bad excuses of why they can not do there job.

Business

Response:

Buyers and TRI Pointe reached a compromise on this issue during the sales process. Basement construction was built as full foundation basement rather than transitional basement as originally planned. Buyers were given the option of cancelling their purchase but the parties agreed to a $6000 price accommodation after negotiations and some construction modifications. The window about which buyer complains was never going to be a component of buyers home and existing window configurations are a result of the agreement between Buyers and TRI Pointe.