Complaint Review: K. Hovnanian - Great Western - Mesa Arizona

We are currently in the process of building a home with K. Hovnanian (Great Western) in Phoenix, AZ. The community is called Gateway at Laveen Ranch.

We signed the final contract on May 29, 2005.

We were original told that the house would be completed in December of 2005.

As of today 6/16/2006 we are told the house will be completed on July 30, 2006.

We were sold laminate without the actual counter-tops. The home builder and design center could not figure out who was responsible for selling the actual counter-tops. We signed an addendum on July 1, 2005 to include counter-tops (at the home builders expense) and remove the pool from the contract (their mistake again).

We moved the A/C units towards the front of the house so that we could fit our pool equipment on the same side. The reason for this is because our master bedroom wall shares that same wall. We wanted to move the A/C and pool equipment back so that we didn't have to hear the noise while sleeping. The home builder decided to ignore our drawing with no communications to us and place the A/C units in the standard place. We compromised with them and instead of moving the contigious A/C lines, we had them put in a sound barrier of foam insulation.

I sent the following e-mail communication to Dorne Ellsworth who is supposed to be the community manager, but I still have not heard from him. I also left voice mail messages on June 1st and June 14th (you can see the e-mail note to myself).

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From: James Sent: Thursday, June 01, 2006 8:55 AM

To: James Subject:

RE: Opportunity Costs

Left a v-mail with Dorne and Sue Johnson on 5/31/2006 around 3:15pm. No response as of yet.

__________________

From: James Sent: Wednesday, May 31, 2006 10:31 AM

To: 'Dorne ([email protected])'

Subject: RE: Opportunity Costs

Dorne, I haven't heard from you in 2 weeks. Are you planning on working with me on this?

______________________

From: James Sent: Tuesday, May 16, 2006 1:25 PM

To: Dorne ([email protected])

Subject: Opportunity Costs

I have included a spreadsheet that outlines opportunity costs and the estimated loss as a result. It takes into assumption that we would have closed in January 2006. We were told December 2005 by Doug Mann back when we started. The last estimated date of completion is now the first or second week of July.

I believe your contract provides a 1 year completion window with several caveats or reasons you might miss the target. My expectations were set in the beginning to the December timeframe and therefore I planned my life accordingly. From November to today I have literally heard that it would be done every month in 2006 all the way up to July. Khov reset my expectations five (5) times and failed to meet them six (6) times.

I hope this gives you a better understanding into my frustrations. My hope is that Khov will understand and help me to recoup these lost opportunities. Contract Dates: Signed final contract on May 29th, 2005. Contract Addendum on July 1st, 2005: This was due to some confusion about who paid for counter tops and inclusion of the pool costs.

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I did speak with the sales person on 6/15/2006 and he said they were unwilling to help. His exact words were "No more money."

It feels like I am now being punished for their sins of the past.

They are currently beyond their 1 year contract and do not want to make any amends.

If I told them I will move in January 2008, which is what they have done to me, then I'm sure they would be charging me over $100 per day.

Can they really have the cake and eat it too? Only time will tell.

Do you have any suggestions or ideas?

James

Glendale, Arizona
U.S.A.