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Report: #847059

Complaint Review: Stancil Builders - Raleigh North Carolina

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  • Reported By: Upset Homeowner — Raleigh North Carolina United States of America
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  • Stancil Builders 466 Stancil Road Angier, NC 27501 Raleigh, North Carolina United States of America

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We purchased our new Stancil Built home October 06, 2010.  Four days after moving in, our crawl space flooded.  They did send their plumber Larry Barnes to crimp the pipe.  But after that, they refused to fix another thing.  As we lived in the house, more and more issues were making themselves known.  

I would call and call, but nobody would return my calls.  I eventually emailed them and said I was sick of being ignored.  A couple weeks later (4 months after buying the house) I received a letter from their attorney telling me we were not allowed to contact the builder, their contractors or any persons affiliated with them.  

I had one call with the lawyer. He said he would rather deal with a lawyer on my end because a lawyer would be less likely to go to the neighbors and if we went around to all the neighbors, they'd be in a lot of trouble.  So we had a community event with my lawyer in my house.  Many people came and complained.

We had another home inspection and we realized that the 1st home inspector who was ordered by our realtor Jay Locklear, had missed an awful lot of things.  To our surprise...we discovered that our Realtor's boss is really the builder's daughter who happened to come to our closing instead of our realtor.  Can we say conflict of interest?

We had plumbing issues like crazy.  Couldn't use the washer, have to alternate what days we could take a shower because the hot water won't last.  Heck they even gorilla glues our under mount kitchen sink to our granite counter tops.  So many problems...it is horrid.

Anyway, as my lawyer kept trying to call their lawyer who apparently didn't return calls to our lawyer, I had a terrible car accident and ended up in a wheel chair for three months.  Do you know how hard it is to do laundry at a laundromat in a wheel chair.  

Now we find out that we have to replace the septic system and all the plumbing, on top of all this other stuff.  Not only that, but they are advertising that our homes have fiber cement siding when actually we have LP Smartsiding (which is an OSB) and it is already failing.

This builder lied on the news, he lied in his written statement to the Real Estate Commission.  I am surprised that he is willing to place his lies onto the camera and onto paper.  But regardless....people need to know the truth.

This builder stated they have built over 1600 homes in 5 counties and they are still building.  He sits as the President of the Builder's Association in Johnston County and is with a lot of other things. Clearly willing to compromise his own integrity and the integrity of the quality of the home he built for us.  They even have family members and people who work for them give them positive feedback all over the internet.  B Goldsten signed my documents as the VP of the builder, yet she has all sorts of positive feedback to give her own company.  Bradly Stancil, the builder's son also did.  And people named "Review Boost" gave positive feedback.  

See photos and documents on the FaceBook account I started.


All I am asking for is that I am reimbursed for what I have already paid to fix that they should have, or had promised but broke the promise, to fix my house correctly and pay my attorney for the time he has already put into this.  We are preparing for court and I haven't asked for anything else other than what is reasonable.  

This report was posted on Ripoff Report on 03/01/2012 10:49 AM and is a permanent record located here: https://www.ripoffreport.com/reports/stancil-builders/raleigh-north-carolina-27603/stancil-builders-did-not-honor-my-warranty-and-my-house-has-around-100k-in-issues-rale-847059. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
3Author
1Consumer
1Employee/Owner

#5 REBUTTAL Individual responds

The fight continues

AUTHOR: Georgia - ()

POSTED: Tuesday, December 16, 2014
Please tell me why it is okay for the defendant to chit chat and share photos with the judge and laugh with the judge at the bench when we have a trial? Why is it okay that his adult children were sitting directly behind me and video recording me and my attorney while court was in session?

 

Why was it okay that the judge allowed my previous landlords to testify (who lied through their teeth and one of them was on video so we could not cross again...Doug did a terrible job and he said he didn't ask all those questions to the witness because he felt the judge wouldn't allow the testimony), but would not allow other current victims of this builder to testify? Why did the judge send out the jurors so he could listen to my witnesses first without the jury and yet did not do this with their witnesses? Don't tell me to see if there was any merrit...because several of their witnesses had nothing to do with how my house was poorly constructed.

 

Why did the judge sustain only  couple of my attorney's objections and overruled each and every objection of my attorney and opposite of their attorney? Why did the judge not allow me to testify as to what I do for community service but allow the builder? Why didn't the judge allow my photos to be placed into evidence or even be discussed in court? NOT A SINGLE photo except what was on Inspector Jeff Zehnder's report which were smaller and didn't show as much. (Their attorney claimed he had not seen the photos...yet they had an active counter claim for defamation against me which named these photos...which during a recess in trial they volunteered to dismiss it out of the blue? 

 

Why did the older juror come up to my lawyer and I during a lunch break at the foot steps of the court house and mock and laugh at me claiming that a chip in the court house step was a code violation? (He was clearly instricuted not to communicate with either party)  Why did NCDOI lie?  Why did the County lie? Why can't the health department still not produce these supposed photos they claimed to have that supposedly showed my septic system distribution box clogged with grease, as they testified...yet showed no evidence?

 

(If it was blocked for real...it would have backed up into my house, not all over my leach field...which means the yuckie stuff is going through the distribution box and to the leach field...the soil is not perking!!! Why when the jury asked to see Fred Hendon's report (the 2nd home inspection 4 months after purchase), the judge said no? The Defendants had Fred on their witness list and my guess is they didn't call him because he would be an asset to my case. The report was spoken of over and over and over again and even mentioned in the letter submitted to the jurors, but the judge would not allow the jurors to see the report, even after they specifically requested the report during diliberation. 

 

How did the jury come up with $12,500? Something tellss me that the older man who came up to my lawyer and I during lunch break...he used to install windows for a living and was retired... played a big role in talking in the jury room.  He made it clear he didn't like me.  (Even talking to me when he was instructed by the judge not to talk to us.)  The only thing I know is that they only went based on the 1st inspection...the pre-inspection by Claude Canipe. Yet when Susan Taylor was asked in Deposition if she had ever heard of Claude Canipe, she said his name might have passed over her desk...yet he was currently being investigated by NCDOI at the same time, was given a letter of reprimand he then he decided to "retire"

 

I just don't understand why we have perjury laws and make people swear an oath on the Bible because nobody seems to enforce the rules. According to what I am told, there are no consequences for lying under oath in civil cases. (?!!?) Is this a free for all???  

 

What did the cases where the kid stole my bank card and I sued him for the amount he stole of around $750 have to do with my house and it's poor construction?  What about the guy who hit my vehicle on purpose and 3 years later his ex-girlfriend tried to sue my auto insurance claiming she had long term disabilities from the impact (I call BS because she was dancing all over...a cop witnessed it and he was arrested and convicted of assault and malicious destruction of property).  He later died apparently and she wanted to sue my auto insurance and her ex-boyfriends estate...so she and then executor sued me and she sued me and the executor.  Bizarre situation that my insurance handled.  So what the heck does that have to do with how my house was poorly constructed?

 

The fact that I have code violations and nobody cares, then why bother having code?  When I mention code...I am talking about bare minimum...my house doesn't meet bare minimum requirements and nobody seems to care. I am told that the septic company I have hired has been waiting for months for the county to approve the plans to build into my repair area so we can get the septic working.  So deps this mean that the conty is going to start playing games with me so I cannot get things fixed in my house?  I have heard of other NC counties doing similar things to other bad builder victims.

 

Why is it that the jurors cannot know that the builder is responsible for all items and that statute of limitations is 3 years from the date of discovery...not within the 1st year warranty?  Why couldn't the judge allow us to call up Stephen Safran as a witness? He is the attorney who wrote the no-contact letter and took over the responsibility of my warranty and then ignored me after.  I just don't understand why it is that this much corruption is allowed. Well like Susan Taylor and the County Inspectors told me, it is based on who has the deeper checkbook.

 

But since they made an offer for judgement of $20,000 before we even began depositions, more than 2 years prior to finally having our trial (remember they continued it and continued it claiming they needed to depose more witnesses...yet they never did.)  I personally think it is because they wanted to allow the judges to rotate until they got the one they wanted...ironic Jusge Fox was from Orange County (not Wake County), where Robert Levin (their attorney) is.  Since the jurors didn't come up with the same amount or more of their offer for judgement AND the judge would not accept my witness fees and my attorney fees for my expenses...actually he did not accept any of my expenses, the judge ordered that the builder does not have to pay me the $12,500 and I have to pay their attorney fees. 

 

Why can this system allow victims to be victimized over and over and over? Levin claimed that my attorney never gave him the expert witnesses so therefore the judge would not allow my expert witnesses to testify. I had a courtroom full...most of them had to go back because they would not be allowed to testify.  Levin decided to enter into evidence a bunch of stuff that had nothing to do with the poor construction of my house in order to waste time to not allow my witnesses to testify knowing that they had repeatedly returned and had to get back to their lives in hopes that they wouldn't be able to come back again...which some couldn't.  Ohhhhh the games that were played. It's sad that they live their lives having to play such games to hide their deceit.  

 

I suppose I have to go after the subs based on the law of repose. Somebody needs to be held accoutable for this defective construction.
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#4 Consumer Comment

Look it up

AUTHOR: Citizen - ()

POSTED: Wednesday, August 21, 2013

http://www1.aoc.state.nc.us/www/calendars.Offense.do?submit=submit&case=5002013001659&court=CR

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#3 Author of original report

latest news story

AUTHOR: Upset Homeowner - (United States of America)

POSTED: Friday, September 14, 2012

http://www2.nbc17.com/news/2012/aug/21/nbc-17-investigates-faulty-home-inspections-catche-ar-2537598/

......................We are prepping everything for court. Feelings of frustration and deep stress overwhelming me. Why do we have to go through any of this? This feels like it has been another full time job for nearly two years. In my opinion, criminal charges should be charged on this builder and any county official who might have assisted in what seems to me as a big ball of cheating, fraud and selfishness. My anger only grows bigger as this time continues to pass without resolve.

Builder's lawyer did send a settlement offer after the second news story aired but it was not something that would work for us .... nor did I find it fair or reasonable. I do not understand ... why does it seem so hard to make this bad situation good? Is there more than I realize that they might be hiding? I know several of my neighbors have shared their issues and concerns with us and I am wondering how many other homes have issues.....how many other homeowners are going through this.....how many homeowners are unaware of their issues or their rights? I have the ripoffreport.com book and I am getting ready to follow the instructions. I am getting together others to go pickett the office of this builder, place signs on my yard, place a sign on my car window. I think it is time to push harder for what I believe is right, and do all I can to help my situation and hopefully help somebody else who has a similar situation.

Builder is now countersuing me. They are saying things like defamation and that supposedly I have prevented them from selling homes. What???? They had issues selling before I even bought my house. Defamation is stating something untrue...but I have not said anything untrue. I believe I have the right to speak my opinion and share my story. It is called the 1st amendment. Oh well.....I guess they want to create as much pain and suffering on me they can. What can I do? I am stuck. I have no choice but to keep fighting. We cannot keep living with these horrible issues, we cannot walk away....we have a mortgage, house is county failed and too many issues to sell to anybody and I feel these people are crooks, cheaters and liars. I cannot say I know their intentions. But I know what I feel and I know that this is a battle that should NEVER have to be fought....EVER!

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#2 Author of original report

Most recent news story

AUTHOR: Upset Homeowner - (United States of America)

POSTED: Tuesday, July 31, 2012

http://www2.nbc17.com/news/wake-county/2012/jul/30/nbc-17-investigates-faulty-inspections-costing-hom-ar-2476921/

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#1 Author of original report

Still no resolve but filed in court

AUTHOR: Upset Homeowner - (United States of America)

POSTED: Wednesday, July 25, 2012

Since my original posting, the county came out based on my request. They failed the plumbing and the building. It is viewable on the county web site or on the FaceBook: Upset Homeowner. Later they gave me a letter describing the code violations. My lawyer has filed my case in court and there is still no resolve because the court process is taking place step by step. Would be nice in my opinion if these people would own up and talk it out with us to make a reasonable solution together. I know I am willing to be reasonable and I just want this chapter in my life resolved and closed.

In my opinion, I feel that they are hoping I will just go away. In my opinion, I believe they have people watching me and following me. In my opinion, I feel that these people are bullies and are arrogant enough to believe that they can get away with anything without having to suffer any consequences...in my opinion.

The news came back out to discuss code violations. They met the the county as well. I am not sure what was all said but I know it airs on NBC17 dot com on July 30th at 6pm and 11pm (this is what I was told anyway.) In my opinion, I would like to have the county get more involved and enforce codes better. In my opinion, I would like the NC State Government to conduct a full investigation to find out why my house received a Certificate of Occupancy when I believe it never should have received it. (The county determined and the ground was dug and photos taken to confirm that the code required drainage system for around the footings of the foundation and under the concrete slab of the garage and driveway was never installed) In my opinion, that one of many things wrong with my house should have caused this house to not receive the certificate of occupancy. In my opinion, the house never should have been built on the foundation until that requirement was in place.

In my opinion, I beleive there is a great lack of desire on the part of officials to ensure code enforcement is properly conducted in certain areas. In my opinion, it is all about placing blame instead of just owning it, correcting it and going on. In my opinion, they fight more to avoid responsibility than to just do it right. In my opinion, they should have said, "oooops, sorry, made a mistake, let's get this taken care of." But in my opinion, they refuse to hold themselves accountable and would rather fight than offer a reasonable solution to make it right....in my opinion.

Would really love to find a good resolution so we can find a way to enjoy our home. Still haven't heard back from the builder about wanting to come to see these issues for themselves. I am guessing that I have enough photos online for them to see. Really sad this has been happening. In my opinion, too many others have also been frusterated with their homes built by this builer and/or his family members. In my opinion, I am just the loudest and most passionate ... so far.

Have another home inspector who is conducting more inspections and who has been taking many more photos....so more photos to come shortly. I cannot get into some areas because of my injuries from the car accident....he was able to.

I have no other choice but to fight this all the way. We feel stuck! We can't sell the house because of all these issues, living here has been terrible because of all the issues...and we just have to keep fighting until it is all made right. I believe I am not suppose to complete any repairs because I think I am supposed to give the builder the first right of refusal....but then I was very confused with what the builder said on NBC17 last December about getting the repairs done and sending him the bill. Because I know he never told me to do that. If he emailed it or mailed it to be, I never received that information. In my opinion, the builder is trying to make up things to try to get any negative attention off of him. In my opinion, North Carolina should crack down on builders and develop a better stronger and more useful code to make NC homes better quality. In my opinion, NC officials lack the desire to even care if homes have any quality at all.

It is a terrible shame and a sad feeling that we even have to go through this in the first place. But like I said, I am open and willing to find a reasonable resolution so this can close for all parties listed in the court case.

These are not just maintenance issues with our home and I do know the difference between maintenance and warrantable issues. I am tired but still passionate about making this right. I certainly hope and pray more people who have had issues will come out more. In my opinion, I was lied to, cheated, and scammed. In my opinion, this builder needs to lose his license, be fined for each violation for each house and to be held 100% accountable for the issues with each house he and/or his company has ever built. (Uness they are issues that are from abuse or neglegence by the occupant.) My issues with my brand new home are not due to our family at all. These issues began 4 days after buying the house.

I do pray that honesty and integrity prevail and that we will have a win/win solution to make it all good.

I will say though....the house and the neighborhood are very pretty. In my opinion, the prettiness can hide and mask the lack of quality until one is having to live with the issues everyday. In my opinion.

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