• Report: #832196

Complaint Review: Meritage Homes

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  • Submitted: Wed, February 01, 2012
  • Updated: Wed, September 19, 2012

  • Reported By: Bud Riped by builder — Davenport Florida United States of America
Meritage Homes
17851 N. 85th Street, Suite 300 Scottsdale, Arizona United States of America

Meritage Homes Home builders throughout the US Scottsdale, Arizona

*UPDATE EX-employee responds: Agreed, Do not let Meritage get away with it!

*Consumer Suggestion: Contact your Attorney General

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In July of 2011 we entered into a contract with Meritage Holmes of Florida, to
purchase a new Home in the Lexington Green Area in the Providence area of
Davenport, Florida. We did all that they asked to secure financing for the
purchase. In November of 2011 after being asked to supply some information on
employment we were not able to do that because of a lack of gainful work. I
sent a letter canceling the agreement according to the Mortgage contingency in
the P&S (the time for securing the loan had run out because of no fault of
ours, we did everything their mortgage company asked of us). Their mortgage
councilor and our salesperson Melanie Molczyk, agreed that we could not get
financing and we would have the return of our deposit after signing two release
forms.  We did this in good faith
We did not hear from them for several weeks and upon my initiation the sales
representative informed me that the Vice President Brian Kettle is refusing to
return the deposit because of some vague language that we cannot find in the
original P&S. The mortgage contingency is very clear that if we did our
part of trying to secure financing and it was not successful our deposit of
over $4,300 dollars would be returned to the buyers.
They want us to agree that if we bought a 
home from them within six months they would credit the deposit. After
having him renege on the agreement, to return the deposit because of a failure
to secure a mortgage, in a timely manner flies in the face of good business and
fairness to their potential and present customers. We do not wish to do
business with this company in the future (Lack of trust).  The very idea that we had to institute a
dialog with Mr. Kittle to find out that he was overriding a decision by his
subordinates, just leaves us in a fatal negative mode.
We wish full restitution of our Deposit as we signed the release forms back in
November of 2011.

This report was posted on Ripoff Report on 02/01/2012 04:43 AM and is a permanent record located here: http://www.ripoffreport.com/r/Meritage-Homes/Scottsdale-Arizona-85255/Meritage-Homes-Home-builders-throughout-the-US-Scottsdale-Arizona-832196. 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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REBUTTALS & REPLIES:
0Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE EX-employee responds

Agreed, Do not let Meritage get away with it!

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

I am an "ex" employee of the builder, and for many good reasons, I am on your side.  Absolutely pursue this with the suggestions herein, also go to your local department of Real Estate and file a formal complaint.  If no one takes action against these types of things, then Meritage continues to get away with this sort of stuff.  I witnessed first hand, these types of things readily taking place, and although it is not right,

many times, people were worn out from fighting and would many times just give up.  Do NOT give up!  There are plenty of governmental agencies that you can file complaints with, in order to get the help that you need.  File multiple complaints if you need to.  If enough people go forward, stand united and report, these types of unfair practices, that Meritage perpetrates against it's customers, will come to an end.  Report, report, report, and this is my best advice for you.
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#2 Consumer Suggestion

Contact your Attorney General

AUTHOR: M - (USA)

It is standard policy in builder contractual agreements that if you are unable to fulfill a purchase offer of new construction due to failure to secure a loan, that all deposits are refunded to the potential buyer. You should contact the Attorney General of Florida to report this activity and enlist their assistance. Another good place to start is a complaint with your state's ROC (Registrar of Contractors). They can pull their license, or use the company's posted Bond funds to refund your money if they find the contract supports this.

Another aspect of business law states that in a contract with any "ambiguous or vague language" as you are stating exists here, any dispute arising from the vague or ambiguous language is to be found AGAINST the drafter of the document, which would be the builder. You may want to consult with a contract attorney, if he agrees, you can file suit and make them pay your deposit PLUS attorney's fees and costs of collection, possibly even punitive damages if the court finds they have acted in a truly heinous nature (as Meritage so often does).
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