Donnay Homes| Notice of Ripoff Report VIP Arbitration Decision: A neutral and independent arbitrator has determined that the following Report contained one or more false statements of fact. The false statements have been redacted (((REDACTED))) Horrible Builder can not be trusted, Maple Grove

Ripoff Report VIP Arbitration Program

In re:

Donnay Homes, Inc.,

Complainant,
v.

Anonymous,

Author.

Rip-Off Report No.:

776706

ARBITRATOR DECISION

Bruce Meyerson,

Arbitrator

Complainant, Donnay Homes, Inc. (“Donnay”), has challenged the truthfulness of certain statements (each, a “Statement”) posted by Author “Anonymous” on the Ripoff Report website at www.ripoffreport.com on September 14, 2011, as Ripoff Report No. 776706 (the “Report”). The Author contends that the Complainant is not a reputable home builder. The Complainant denies the allegations in the Report. Both the Complainant and the Author have agreed to submit the dispute to the Ripoff Report VIP Arbitration.

In addition to challenging the statements made by the Author, the Complainant is also challenging the status or role of the Author. Based upon the nature of the Statements set forth in the Report, the Complainant is unable to identify the Author.

Each Statement challenged by the Complainant has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author has not provided a response to the Complaint.

I have been asked to decide whether the preponderance of the evidence submitted establishes that each Statement is true or that it is false. If the statement identified by the Complainant is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.

Each challenged Statement submitted by the Author is set forth below together with my comments and ruling:

1. Statement: “Buyer beware Donnay Homes (Paul Donnay, Chad Donnay and Randy Stevens the controller) are all crooks!!! Not only is this the worst building company in the twin cities they steal from their sub-contractors. DO not build with Donnay Homes until you have walked a community they built in and talked to at least 10 homeowners. In my development you would be hard pressed to find 5 people who would refer you to one of these CROOKS!”

Discussion: Complainant has submitted the Declaration of Paul J. Donnay, President, Donnay Homes, Inc. which contradicts the
Statement. The Author had the opportunity to provide facts to support the Statement but instead chose to withdraw the Statement.

Ruling: I find this Statement false.

2. Statement: “A month after I moved in I started to receive certified letters stating the contractors who worked on my home were foreclosing on my home. I have now come to find PAUL, CHAD and RANDY did not pay all of the subs for their work. This leaves me with a home that was poorly built and mounting legal bills. I have started to check with recently closed neighbors and looks like I’m not the only one in this situation. No new homeowner should ever have to go through this.”

Discussion: Complainant has submitted the Declarations of Paul J. Donnay, President, Donnay Homes, Inc. and Christine Hudy, Vice President, Old Republic National Title Insurance Company, which contradict the
Statement. The Author had the opportunity to provide facts to support the Statement but instead chose to withdraw the Statement.

Ruling: I find this Statement false.

3. Statement: “Make sure when you choose a builder check with their banks [to] see if they are up to date on their interest payments. In Donnay’s case it looks like they will be out of business very soon.”

Discussion: Complainant has submitted the Declarations of Paul J. Donnay, President, Donnay Homes, Inc. and Janet R. Piper, Assistant Vice President, Wells Fargo Bank, N.A., which contradict the
Statement. The Author had the opportunity to provide facts to support the Statement but did not do so.
Ruling: I find this Statement false.

DATED this 16th day of November, 2011.

________________
Bruce E. Meyerson, Arbitrator

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