Webb RE Home Builder Mike Smith RE LLC Home Builder, Real Estate, Birmingham, Alabama

Description Of Work: This company "M. Smith RE" is a builder and the owners wife's company Webb & Company Realty exclusively sells the builders home. The home is an attractive mid-range home in Calera, AL. We purchased the home
through an independent agent whom we were very pleased with.Member Comments: At Closing, Margaret Smith of Webb realty assured us we were covered "bumper to bumper" for a year from the date of purchase. We were given
two phone numbers, a mailing address, a written warranty, and an email address. The seller advised that email was the most expedient path to resolve any warranty issue. The attorney said very clearly to always send requests in the mail.

After closing on 7/6/12, we contracted wood shutters to be installed. We waited a month to move in (we had remaining time on our lease).

On 7/7/12, we noted that there were no door stops on the interior doors and that the tub faucet had been cut in and finished poorly. We emailed the builder. We had a pre-closing punch list item to fix low water pressure inside the house - this was corrected prior to closing. The builder had sodded the lawn but failed to water it, when we hooked up
the garden hose, the spigot detached from the wall. Water pressure from the single spigot caused a 30 ft. range sprinkler to have 12 ft. coverage. We noted that there was only 1 water spigot and believed that 2 was standard. We submitted a request the evening of 7/7/12 to cover the items above. Margaret Smith returned the call on 7/11 and asked me to speak with Charlie Oglesby, the superintendent. The super was agreeable to most everything except the second outside spigot and argued about the door stops - "We do not do door stops". Nonetheless, they came out and
fixed the doorstops as well as reattaching the outside water spigot within a week.

On 7/14 we inspected and found that the tub faucet had not been fixed. We contacted Margaret again. The super came back and fixed the spigot inside. Still low water pressure. Still one outside spigot. On approximately 8/1, I received a call from Margaret who explained that the builders had met and that my request for a second spigot was not tenable. Code specified a minimum of 1 spigot. She went on to offer thatI could hire the plumber to work on the side. I indicated that I did not hire anyone who aspired to do the minimum. After a week of light intermittent rain (8/13-8/17), the back & side yard turned to swampland. This was due to the fact that the yard was improperly graded.

On 8/18, I sent an email stating that the grade was improper and needed to be fixed. I sent photos. I also indicated that I planned on hiring a contractor to do some tractor & grading work in the back yard - separately, but would alleviate some of the problem.

On 8/22, I meet with Joey Callahan & Charlie Oglesby to discuss the grading issues. Charlie faded fast (went to the truck and started talking on the cellphone). Joey (the builder) insisted that the grade in one place was because of the installation of the utilities. I pointed out that the grade was wrong 10-15 feet continuously along the side of
the house on the opposite side that the utilities were fed from. He asked me what I wanted. I responded a French drain, backfill and correct grade with clean topsoil and seed OR bring in a tractor and correct grade. He tightened up and said "Man - I am cheap - I am going to fix this as cheap as I can. I am going to throw some sand in the low spot and some Bermuda grass on top - it grows great on sand." There was a te-de-te in which he mentioned code inspectors signing off and I discussed recent class action suits that prevailed in Vestavia Hills, AL adding that I would much prefer to do other things for the next few years make it right. He said "well I am only going to do what I am going to do", to which I responded "until I bring in a higher power." He said I will take care of you - one thing I do not want is you going and
bad mouthing me to prospective buyers and your neighbors. I have not seen nor heard from the builder since.

On the eve of 8/22 I sent an email indicating that sand and Bermuda grass would not be allowed to be installed as a solution. I also advised that they needed to come up with a workable solution.

On the eve of 8/23 I sent an email requesting that they correct the difficulty in locking the front door (align doors and locks). Also stating that "shut doors are coming open and locked doors opening with a touch" - need to align. Additionally in the master bathroom there are three air conditioning vents. In the master bedroom 3-8 degree F warmer
than any other room in the house, there is a single vent (for the largest enclosed room in the house) need to cut in another vent. I also indicated that they needed to make arrangement to obtain keys from me
after hours. I am not taking off of work to fix that which you did not get right the first time.

On 8/26, I sent a certified letter was sent, citing all deficiencies on the 8/23 email and demanding "corrective action within 5 days of receipt' and advising that we would seek redress through the legal system upon failure to comply. On 8/29, I received a signed return receipt form the 8/26 certified letter.

Wednesday, September 5, 2012 No response