• Report: #189356

Complaint Review: Jim Walter Homes

  • Submitted: Mon, May 01, 2006
  • Updated: Tue, June 10, 2008

  • Reported By:Angleton Texas
Jim Walter Homes
Boy Scout Road (now Jim Walter Drive) Tampa,, Florida U.S.A.

Jim Walter Homes - Walter Industries - Neatherlin Homes - Dream Homes TEXAS BUYERS BEWARE! Your Jim Walter Contract gives up your legal rights ripoff Tampa Florida

*Consumer Suggestion: I am doing the same thing

*Author of original report: TEXAS BUYERS CANNOT SUE JIM WALTER HOMES FOR ANY REASON-BEWARE

*Author of original report: TEXAS BUYERS CANNOT SUE JIM WALTER HOMES FOR ANY REASON-BEWARE

*Consumer Comment: Arbitration

*Author of original report: TEXAS BUYERS-JIM WALTER HAS ALREADY TAMPERED WITH MY PREVIOUS REPORT

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Jim Walter Homes takes advantage of folks who just want a sound place to live at an affordable price. Signed contract (containing deadly arbitration clause) in July, construction commenced in November.

JWH does not pay their subs, so, after 2 weeks and no pay day, each one walks off the job, while your under construction home sits, vulnerable to the weather. House was framed, sheathed, decking on roof, ridge vent hole cut in roof, when rains set in in January. Because sub floor was improperly installed, and roof decking was improperly installed, after two major rain storms in two weeks, house held water like a bath tub. Result, everything warped.

Serious confrontation with builder resulted in some warped panels being removed/replaced. Builder's remedy was to do a complete "floor over" They covered the wet/warped subfloor with plywood. Same thing with roof. I complained the entire time, their big trick is to keep changing management so you never have a chain of command to complain to. They forced me to accept "tender" of the house in April.

We proceeded with the interior painting, floor coverings, and trims. Front door wasn't square, large lumps appeared under vinyl flooring, rain came in around exterior doors. Exterior siding not properly installed, unlevel. You name it, its WRONG. Throughout the process, complaints were met with the response "its within tolerances".

Finally, after another complete turnover in management, they addressed my flooring issues by completely removing sub floor in two bedrooms, kitchen and dining room, and master bath. At the point my entire master bathroom floor had been removed, the door taken off, and you could see the bare ground beneath, the repair sub was fired when he demanded his pay. I had my commode sitting in the middle of my bedroom floor!

I am presently living in 1985 square feet, half of which is bare plywood floor.

Here's the kicker. In that HUGE packet of papers you signed when you agreed to build your house is an arbitration clause. This takes away your right to sue Jim Walter Homes for their dirty tricks. The arbitration clause came about courtesy of the builders' lobby with the Texas legislature.

While I have a lawsuit going, we are about to enter our second hearing to determine whether we will be forced to arbitration. BEWARE. Also contained in your contract is the arbitrator, picked by Jim Walter Homes, who will decide your case if you have a complaint. Let me see, you can't sue, and if you complain, you are bound to proceed to arbitration by THEIR arbitrator.

ALL Texas building contracts now contain a mandatory arbitration clause. Your ONLY defense is to thoroughly research your builder and know what you're getting BEFORE you sign that contract.

RUN, don't walk away from that Jim Walter sales office. The details I have revealed here are only a fraction of the defects in my house. Whatever you do, warn everyone you know to stay away from Jim Walter Homes

Sarah
Angleton, Texas
U.S.A.

This report was posted on Ripoff Report on 05/01/2006 07:09 AM and is a permanent record located here: http://www.ripoffreport.com/r/Jim-Walter-Homes/Tampa-Florida/Jim-Walter-Homes-Walter-Industries-Neatherlin-Homes-Dream-Homes-TEXAS-BUYERS-BEWARE-189356. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Suggestion

I am doing the same thing

AUTHOR: Mistie - (U.S.A.)

I live in oklahoma, and have been going threw the same thing you are,only me and my husband have been fighting JWH for 6 years. We are suppose to finally start arbitrtion in the middle of july i think. Just wanted to let you know that if you have a good attorney you do not have to use there arbitrator. They tried that with us and it did not work, we finally agreed on an arbitrator that was neither from our town or there's. Don't know if this will help you any,but sure hope it does.
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#2 Author of original report

TEXAS BUYERS CANNOT SUE JIM WALTER HOMES FOR ANY REASON-BEWARE

AUTHOR: Sarah - (U.S.A.)

I received a rebuttal comment saying that the arbitration process, which I stated takes away your right to sue, and which IS THE LAW in Texas, was not correct, and that the arbitration process can be followed up with a lawsuit. This is absolutely untrue.

When you sign your paperwork to build the Jim Walter Home, it contains an arbitration clause. Arbitrators and the state officials who administer their rules, are not consumer friendly. All of this process is costly, and requires an attorney.

Once the arbitration is decided(by a private arbitrator), you HAVE NO MORE RIGHTS. And be advised that, while your case is pending before the Texas commission (A PREREQUISITE TO THEARBITRATION) the agents of the government agency are rude and treat you like dirt. Not to mention if you need copies of any official filings, you have to pay a "research fee" and a "copy charge". Each step of this procedure is costly and designed to discourage you from even pursuing arbitration.

No, Denise, you CANNOT follow up an aribitration with a lawsuit.
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#3 Author of original report

TEXAS BUYERS CANNOT SUE JIM WALTER HOMES FOR ANY REASON-BEWARE

AUTHOR: Sarah - (U.S.A.)

I received a rebuttal comment saying that the arbitration process, which I stated takes away your right to sue, and which IS THE LAW in Texas, was not correct, and that the arbitration process can be followed up with a lawsuit. This is absolutely untrue.

When you sign your paperwork to build the Jim Walter Home, it contains an arbitration clause. Arbitrators and the state officials who administer their rules, are not consumer friendly. All of this process is costly, and requires an attorney.

Once the arbitration is decided(by a private arbitrator), you HAVE NO MORE RIGHTS. And be advised that, while your case is pending before the Texas commission (A PREREQUISITE TO THEARBITRATION) the agents of the government agency are rude and treat you like dirt. Not to mention if you need copies of any official filings, you have to pay a "research fee" and a "copy charge". Each step of this procedure is costly and designed to discourage you from even pursuing arbitration.

No, Denise, you CANNOT follow up an aribitration with a lawsuit.
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#4 Consumer Comment

Arbitration

AUTHOR: Denise - (U.S.A.)

It is my understanding that the arbitration agreement does not prevent you from suing, but does obligate you to try arbitration before taking such drastic measures on anything that is covered under the arbitration agreement. Also, I do not follow where you say your original report was tampered with. From what I have seen on this site, I cannot access your response here, what report do you mean and how was it altered? I am genuinely curious and would appreciate more detail. Thanks.
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#5 Author of original report

TEXAS BUYERS-JIM WALTER HAS ALREADY TAMPERED WITH MY PREVIOUS REPORT

AUTHOR: Sarah - (U.S.A.)

JIM WALTER TEXAS BUYERS BEWARE-DO NOT SIGN ANY CONTRACT WITH THEM. IT CONTAINS AN ARBITRATION CLAUSE THAT GIVES AWAY YOUR LEGAL RIGHT TO SUE. MY ORIGINAL REPORT SET OUT THE DEFECTS, BEGINNING WITH THE FRAMING TO THE "WARRANTY CLAIM" TO THE LAWSUIT. I LIVE IN ANGLETON, TEXAS, not THE ADDRESS AS PROVIDED (TAMPERED WITH) IN MY PREVIOUS REPORT.

HOME IS NOT LEVEL, SUBFLOOR HAS LUMPS, HOME COMPLETED OVER WARPED AND WET WOOD, REPAIR EFFORTS WERE A JOKE. MY HOME NOW HAS 1/3 OF ITS AREA WITH NO FLOOR COVERING, SIDING WARPED, ROOF NOT CONNECTED TO ANYTHING ON ONE SIDE, BREAKERS CONTINUE TO BLOW, DOORS NOT SQUARE, FOUNDATION SIX INCHES LOWER ON ONE SIDE OF HOUSE, LOAD BEARING WALL NOT SUPPORTED. R U N, D O N'T WALK AWAY FROM THESE PEOPLE. TELL EVERYONE YOU KNOW. THIS HOME WAS BUILT OUT OF THEIR ROSENBERG OFFICE (NOW TORN DOWN AND MOVED TO BEASLEY. REMEMBER, THIS IS HOUSE IS IN A N G L E T O N TEXAS. I HAVE A SIGN IN MY YARD ABOUT THEIR FRAUD. I GIVE GUIDED TOURS TO SHOW THEIR DEFECTS. B E W A R E ! ! ! IF THEY TAMPER WITH THIS REPORT AGAIN, I WILL PROVIDE ANOTHER ONE. HOUSE IS WORTHLESS ! ! !
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