- Report: #281315
Complaint Review: TimberCreek Developers - Paxton Illinois
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TimberCreek Developers
234 N. 2000E Paxton, 61822 Illinois, U.S.A.
Phone:
217-637-1396
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TimberCreek Developers Kept $2000 Earnest Money without signed contract Paxton Illinois
Mr. Walders offered to build us a house in the Deer Run Subdivision in Mahomet, IL. We signed a Memorandum of Purchase with our Realtor that stated clearly that this was a non-binding contract and that the earnest money check for $2000 would not be deposited until a contract was signed. When our lawyer and my wife and I went over the contract we could not agree on some of the terms so we did not sign it. I emailed Mr. Walders about our decision and returned our copy of the blueprints. Mr. Walders cashed the $2000 check several days before giving us the contract to read. When asked for the money back through our lawyer and also our realtor he refused and said come and get it. At no time did we agree to his cashing of the check nor did we or he make any written or oral statements that the money was not to be returned. Mr. Walders claims that because he made some room rearrangements on the blueprints we owe him the $2000. Since there is no binding contract of any sort, this is a gross violation of the contract.
Chris
Champaign, Illinois
U.S.A.
Chris
Champaign, Illinois
U.S.A.
1 Updates & Rebuttals
Jim
Paxton,Illinois,
United States of America
Unscrupulous buyer
#2REBUTTAL Owner of company
Sun, January 22, 2012
One of our customers just recently alerted us to Mr. White's false report. I am responding four years later from documents in his file and from memory.
From the first sentence, Mr White's complaint is misleading and unfounded. Here is what really happened. TimberCreek had a spec house foundation in the ground in Deer Run Subdivision in Mahomet, IL. The basement floor was not poured yet when Mr. White and his wife came by and decided to purchase the home. They signed a memorandum of purchase and wrote a $2000 check for earnest money to TimberCreek Developers. (No where did the agreement say the check could not be deposited as alleged). In addition to signing a memorandum, the buyers also increased the price of the home by adding and changing features in the home that were not originally included.
These included:
1. underground plumbing for a wet-bar
2. underground plumbing for a sink in a basement craft room
3. additional Andersen window in master bedroom
4. additional Andersen window in garage
5. tray ceilings in the master bedroom and dining room
6. custom tiled shower in master bath
7. under-mount bar sink
8. drafting changes to floor plan
9. microlam beams added in master suite because of floor plan changes per the buyer
We changed the plan, put in the plumbing, ordered the beams and windows, and continued building, but after increasing the price of the home, the buyers (for reasons unknown) eventually decided not to sign a contract and demanded their earnest money returned. We offered to return the money if they reimbursed us for over $5000 of expenditures incurred per their requests. They refused and claimed that TimberCreek had only made "rearrangements to the blueprint."
In the end, the buyers' attorney dropped them as clients for their unbecoming conduct and they sued us themselves for $2000 in Small Claims Court. Unfortunately, the judge ruled in their favor because we only had a signed memorandum instead of a signed real estate contract. (We would have had a signed real estate contract had they signed it).
TimberCreek suffered monetary damage by trusting an unscrupulous buyer and the buyer had the audacity to post a ripoff report. You be the judge as to who has integrity...
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