Complaint Review: Robson Homes - Pebble Creek - Goodyear AZ - Chandler Arizona

Date: 05/29/2007

The following information details how an Arizona Builder took my daughter's hard earned life savings of over $62,000 unfairly and unjustly.

In December of 2005 both my husband and I and our daughter each purchased a home in Pebble Creek. My daughter's home had many upgrades including cabinet upgrades of $20,220. Just as we had done, my daughter selected her upgrades based on the samples displayed in the Pebble Creek Design Center.

Her cabinet choice was knotty cherry.

Her total required deposit to Robson Communities was $62,300. We were all told by our sales associate that our new homes would likely begin construction in March or April of 2006 and be completed in August or

September of 2006. He told us that homes at Pebble Creek were being completed in five months once construction began.

During one of my daughter's visits/inspections of her home during construction, sometime between late December of 2006 and early January of 2007 she found that the cabinetry had been installed. To our astonishment

the cabinetry in every room was of extremely poor quality. They were full of large knots and holes, some with large holes while others were filled with some type of putty. Others even had termite damage and mismatched stain colors (see attached photos). She immediately notified her sales associate of the problem. She was so disgusted by the condition of the sub-standard cabinets that she initiated a certified letter to the Sales Manager, Jim Daniels requesting a refund of her earnest monies for non-performance by the builder if her cabinets were not repaired within the specified (per purchase contract) period of time (30 to 60 days). To my amazement she did not even receive the courtesy of an acknowledgement or response to her letter.

She forwarded the photos to her sales associate at Pebble Creek as well as a professional cabinet maker in California. The cabinet maker said that it was obvious that the cabinets were constructed of scrap and did not meet the minimum standards for either select or standard grade cherry wood.

She was contacted by her sales associate who told her that the builder; Robson's decision from corporate was to do nothing however the construction department at Pebble Creek felt compelled to make some repairs based on the obvious poor condition of the cabinetry. During the next several months we found that there were many homeowners at Pebble Creek that have sub-standard cabinets and have been attempting to have them repaired with little or no success, some for as long as eighteen months or longer.

She contacted several of these other homeowners who advised her not to take possession of her home or the cabinet issues may never be resolved. Several said they were ready to take legal action against Robson.

She waited for the repairs to be completed and once she was told that most of the cabinet doors were replaced she was contacted by personnel at Pebble Creek to schedule a preliminary walk-through.

During the walk-through she found the cabinets to be in appalling condition with large holes all the way through the cabinet doors. Some had numerous holes in the same door, putty filled holes that could be pushed out revealing a hole. The cabinets in the hall with termite damaged remained as did many with mismatched stain colors.

She told the construction personnel that the cabinets were unacceptable. She explained that she had spent over $20,000 on cabinets upgrades alone, and that was above the dollar amount originally allotted for cabinets by the

builder. The construction personnel agreed, called in a supervisor and had her explain what was acceptable and what was not. She explained that holes, putty filled knots, termite damage and mismatched stain colored cabinet doors were not acceptable.

At that time she contacted an attorney who reviewed her purchase agreement, pictures and correspondence and agreed that:

1. The builder was in breech of contract based on the failure to perform.

2. The contracts description of non-refundable earnest monies was vague and ambiguous.

A letter was sent to Pebble Creek requesting that her monies be returned based on the breech of contract and a second requesting the return of partial monies. Both requests were denied.

We have had contact with more than ten homeowners of Pebble Creek that are dissatisfied with their cabinetry and that have been unable to get the matter resolved. We are sure, based on this response that there are many

more.

Now, after more than four months from her original complaint she was again contacted by Pebble Creek to re-schedule a preliminary walk-through.eight months after the original date of estimated completion, seventeen months after the original purchase and more than four months after the cabinetry was installed and identified as severely sub-standard.

Prior to the walk-through she again visited the home to inspect the cabinetry only to find the same sub-standard workmanship that was found during previous inspections (contact to see updated photos).

She again contacted her sales associate; Mark Virden, and told him the cabinets had not been repaired to an acceptable standard. He responded by stating that he thought the house was beautiful and asked that if the

Arizona Registrar of Contractors inspected her cabinets and deemed them acceptable if she would take possession.

She told him that anyone who spent over $20,000 for cabinet upgrades and deemed those cabinets acceptable should have their license revoked or their

head examined.

Four days later my daughter received a letter from Pebble Creek, Robson Communities stating that her contract had been cancelled and all of her

investment of $62,000 would be retained by Robson.

I do not understand how a builder can demand and retain a very large deposit ($62,000), keep the deposit for over seventeen months (almost twice the amount of time quoted by Robson), provide an inferior product, refuse to repair the defects in a reasonable time period, insist you take possession although the repairs have not been completed (and may never be completed)

while there are numerous other homeowners that have not had their defects repaired (some for almost two years) and then have your contract cancelled while they keep your entire $62,000 deposit, and the home.

We have since found many unhappy homeowners and former clients of Robson Communities that have had similar occurrences of both receiving substandard

workmanship that the builder refused to remedy and deposits that the builder has wrongfully retained. You can see other complaints if you GOOGLE Robson

Communities.

I do not understand how this is fair to a potential homeowner. I believe that there must be some rights as well as organizations to assist us as victims in enforcing our rights.

At this point I am compelled to take whichever means are available and necessary to assist my children in compelling Robson Communities to return their deposit and keep others from becoming victims to this type of unscrupulous builder.

My daughter is contacting the following entities and taking the following

actions:

1. Arizona Department of Real Estate

2. The Broker and Bond Guarantor(s) on the Real Estate Broker's license.

3. The governing agency for Arizona contractors and all associated with the developer's license.

4. The governing agencies over the escrow company and all associated with their license.

5. Initiate a Law suit naming Robson etc. and filing a lis pendens.

6. I will rally as many dissatisfied homeowners as I can and seek a possible class-action suit.

7. Any form of media including but not limited to; television and internet that may be interested in this development as either a human

interest story or one that seeks remedies for victims of unfair business

practices.

8. Arizona Attorney Generals Office.

9. AARP and other organizations that market to, assist or target senior citizens or women.

10. Protesting (picketing) outside the Pebble Creek Parkway and Clubhouse Drive entrance to Pebble Creek or other Robson Communities.

The builder has already responded by twisting my daughter's words, actions and the occurrences as they have done to others.

Example:

Recently my daughter made an attempt to convince Mr. De Witt, Senior Vice President of Sales to refund her monies in a letter. His response was to decline her demand. He stated "Your letter mentions that you purchased knotty cherry cabinets, yet you later object to the knots" (please contact to see photos of what Mr. De Witt and Robson refer to as knots).

My daughter was referring to and complaining regarding the size and amount of holes and knots, and sub-standard conditions of her cabinets as would any of us who have spent the type of money we have spent in upgrades.

Either Mr. De Witt is completely unaware of what is going on (highly unlikely) or just does not care, which is evident by his statement in his letter to my daughter regarding her complaint.

All of their claims have been documented by detailed records, pictures and correspondence and any assistance, advice or recommendations will be greatly appreciated.

If we can assist even one other home-buyer from falling victim to these types of unethical business practices and from losing any of their hard earned money in this fashion, it will be worth every effort. Any builder

using leverage to force a homeowner into loosing a deposit or doing something against their own best interest is nothing short of a crime (disgusting).

Jackie & Stan

Goodyear, Arizona

U.S.A.