On early March, 2008 we signed a contract to buy a town home in DR. Horton Harmony in Florida. We already had our on broker and were pre-qualified with another lender already. However the manager of Dr. Horton told us, that if we were to go with their lender our price would go down and the closing cost would be included. We were going for an FHA loan since we were first buyers and they needed only 3% money down. We decided to go with their lender since they offered us so many good choices and they asked that we give $2000 cashiers check of the 3% of the down payment right away as part of good safe estimate meaning that we were good on our contact.
Our contract said that we were to move in on April 16th. The house was to be bought by my husband and I, and my sister and her husband. Two couples would be buying this house and living at this house. We asked them if they were sure that by April 16th everything would be done, we both were leasing at the
moment. My lease was done by April 30th, 2008 and my sister's lease was done by March 30, and my sister would be leaving at my parent's for two weeks until April 16th. They told us not to worry and that everything would be done in three-four weeks. He gave us the contact info of his lender and we gave him a call right away. The lender sends us the prequel forms after a couple of days.
We filled them immediately and faxed to him.
We were really in a hurry, however it seemed like the DR. Horton Lender was taking his time with everything. After waiting a couple of days for him to ask for more documentation from us, I wrote and told him that we had everything he needs, since we had gathered everything with the previous broker we had. However he would not respond to us, or would come up with some excuse as to be patient because he had to do this or that. While we kept writing to the lender everyday and not getting anything from him, we would write to the manager of DR. Horton, and he would assure us not to worry everything would be fine.
We started to get scared, and were very confused, asking ourselves what is going on. We had two weeks left until April 16th. It was too late for me to renew my lease, and my sister and her husband were staying at my parent's house until April 16th. I wrote to the lender demanding what is going on and why he has not done anything yet. He told me he is trying to contact the manager of DR. Horton to ask some details about our contract, and that the manager is out sick. Basically he was coming out with some lame excuses. I wrote him back and asked him, how come, now after three weeks he is asking details about our contract? Shouldn't he have the contract already. All that was happening was insane.
We had a week left now until April 16, I informed the lender I have to start moving out of my apartment by April 25 and that he still has nothing of us except the prequel form he requested. He called me, and was talking to me like I was some silly child and had no idea about a thing. He told me I was unrealistic in thinking I would be moving in to my home by end of April. He went on to explain what and FHA loan was, assuming I did not know what it was, and that specific town home that we were buying was not FHA approved yet.
He went on to say that it would take weeks or months to be approved. I was very upset and was shaking and told him, that actually I am supposed to be moving in by April 16th and not end of April, and that this is the date on our contract. I told him that we been told by the manager that the town home was FHA approved and everything would be done in three-four weeks. I informed the lender to forget about everything because if this is true we are canceling our contract.
He started to panic and kept saying hold on now, do not rush anything I will see what I can do in a week. A few days later we went to the manager, and demanded to know what's going on and how could he do this to us? We were supposed to be moving in, in three days, that our lease was due in less than two weeks. He stared to finally say the truth that yes they thought the FHA loan for the town home would be approved but it took time, or this or that, and that it would take weeks or months, or they do not know exactly when it will be approved. They had lied to us about the home being already FHA approved. We demanded that our contract be canceled and for our $2000 to return to us. He tired to offer us a different town home which was already approved.
We gave him one more chance and at this point we were desperate. We went to look it, it was smaller than the one we singed in the contract and about $25000 more. We got even more disgusted and just told him we want our money back and are canceling the contract. He told us it would take 30 days. We were upset about this but there was nothing we could do. The next day quickly we looked for apartments, and started moving in.
All our dreams for the house were were to buy were crushed. We were living again in an apartment and hoping and looking for more house. However we would wait 30 days for our $2000.
BUT we have not received our money back. The contract was canceled on March 13th and they told us in 30 days we would receive our money. I am including the chains of emails. I want you to see for yourself, the dishonesty of this guy and his DR. Horton company.
I had updated all my addresses, however just to be sure I wrote to the manager and told him after two weeks and gave him the new address.
ME: APRIL 28, 08
How are you? I do not know if you will mail our check to us, or if you want us to pick it up. We would rather pick it up from you. However if the check it to be mailed please use our current address to mail our check.
Street:******* ******** *****
City , State Zip:****** ******** ******
Please let me know if it is to be mailed or you want us to pick it up.
Manager of DR. Horton: APRIL, 28 2008
I forwarded your new address to the office so that your check will be mailed to the correct address. I cannot receive it here; it has to go directly to you. Even if I wanted to, we typically dont receive mail here at Harmony since we are a business. Thanks.
Manager of DR. Horton: APRIL, 28 2008
I just received an email and according to our spreadsheets, your check was mailed on 4-22 form Texas (our corporate office). It may arrive today or tomorrow. If not, make sure you have a forwarding address and the post office will mail to your new address. Thanks.
ME: MAY 9:
All our address were updated, however we have yet to received our check back. May I have a tracking number, or can you find out its status. It has been a month already and we need our money back.
Manager of DR. Horton: MAY 10:
I will follow up on it right now, and should have an answer when I return to the office on Tues. Thanks.
Manager of DR. Horton: MAY 13
We are waiting for the original check to return to us so we can re-issue a new one. This shouldnt take very long, and Ill keep you posted on any progress. In the meantime, if the original one reaches you, please let me know, as well. Thanks.
My Brother in Law: MAY 13
This is ****, I heard from my in laws today about the check, you guys wrote it under my name, it has been 30 days and we have not received anything, we need a tracking number if you send it, My sister in law gave you that cashier's check and I am being held responsible for the money, I want to know please by today where the money is, we can come and pick it up tomorrow. I don't have two thousand out of my pocket to just give away, and you guys are taking you sweet time, if you send it please give us a tracking number, this is taking a toll on our family, if the check is being helf by a company , please give us the phone number.
Manager of DR. Horton: MAY 13
According to our office, it was sent to the old address. If you let the post office know your forwarding address, you should receive it. If not, it will be returned to us. We can only re-send the check once we receive it back from the post office. I will follow up right now to see the status. Hang in there, we're not delaying anything, we want to get it back to you as soon as possible, but these things take time. I will let you know what I find out, asap. Thanks.
My brother in law: MAY 21
"Please excuse my brother in law writing, English is our second language and he is new to this country"
what's up, can u let me know please what's going on with that check because has been a little boring situation to wait for that check and as u know there are not only my money...... please give a and to this story as a soon as u can in other way i'm going to give them the money from my pocket so man do something about that i'm pretty sure the company can't keep that check but just that story needs to be done.
i lost your number so if u can give me a call
Manager of DR. Horton: MAY 27
Because we sent a cashiers check and you didn't receive it and we never got it back, we need to put a stop payment on it. We will re-issue one and send to your correct address. However, it will take anywhere from 60-90 days. I asked for a rush since it has been so long.
I am sorry about this, but if the original check went to the right address, none of this would have even happened. I will keep you posted if I hear anything different. Thanks.
This is the last email that my sister sent after the above email: They had on file two address: one which was my husbands and I, and the other address was my sister's and her husband. They sent the check to my sisters's address. The $2000 that we put down right away were mine.
Please can you give me your manager actually your owner's name and phone number, We need to contact the media, about DR. Horton's dishonesty with their customer. I tried to call the office but I did not get an answer. You have been dishonest too many times. Every letter and bills have come to our current address but the "cashier's check". We changed our address as soon as we moved, and emailed you a month ahead to let you know. Even if the address was the old one, technically you should have put a stop payment on it when we told you we have not received it after a month. Now you are telling us that it will take 60-90 days to re-issue a new one? Are you going to be paying us interest on this money that you are holding in the account? Because as far as I know, the moment you asked for a check from us it was delivered to you the same day. You told my sister that as soon as the check returned you will issue a new one, and it would not take long at all. This has never happened before, I know by experience that when a check is lost, or not received right away you put a stop payment on it, and re-issue a new one within 30 days, especially because it's been two months since we canceled our contract you should have been quicker. You told me on the last email it was our fault about the changed address, actually it wasn't, because that check was supposed to go to my sisters address and not me, you guys assumed and that it is your responsibility. Actually, maybe it is not your fault but your company's fault, so I need a name higher than yours, maybe you did all you could do to help, we expect the check by next Friday or we are going to the media and make sure that they know how your company deals with their customers and how your company withholds and misrepresent information. We have been very patients with your DR. Horton dishonesty so far.