Public Mediation

Lake Carolina Homes, LLC-Dispute-#2690624

T. K. vs. Lake Carolina Homes, Llc
P. O. Box 366, Snellville, Georgia, 30079, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 2690624
    • Amount Involved: N/A
    • Filed On: Aug 23, 2012
    • Posted On: Sep 03, 2012
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Problem with a product
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Statement of Claim
Complaints Involved (5) - View
Claimant says:
"First of all they have failed to meet to hard scheduled closing dates of 29 June and 16 July and a tentative date of 31 July. Termination papers from seller have been sent to sign because builder says cannot meet our standard that we want the home to be brought to before purchasing. Reason being, purchasers for the other holmes in the Gallberry Farms Subdivision are having numerous issues with getting the builder to correct their problems and issues.
They say in their eyes it is to an acceptable standard and we the purchaser say it is not. I have over a 1,000 pictures to prove the substandard workmanship they feel does not need to be repaired, voice mails and emails also saying so. They made an offer to settle, way to low, we made a counter, they denied and sent us the termination papers. We have not signed nor will we until this matter is corrected. They did not even deliver any compensations for kennel cost of having to board our 3 dogs through this time or even or renting cost for this period.
Would like to wlk through the home with someone and point the issues out, the builder is getting away with substandard work and also have someone talk to the residents who have their issues at getting things resolved with them as well."
...
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Exhibits View
Additional Communication Between Claimant and Lake Carolina Homes, Llc Hide
  • Sep 03, 2012, Claiming party added:

  • These are just five pictures of the many areas that we have issues with. We have over 1,000 picture all are not issues though. This gives an idea as to what we are talking about.

  • Sep 03, 2012, Claiming party added:

  • Five more pictures of other areas just to give a better view as why would like to meet one on one. Simple issues that should be fixed for anyone we feel.

  • Sep 03, 2012, Claiming party added:

  • addition pictures of areas to see what we are talking about

  • Sep 04, 2012, Lake Carolina Homes, LLC (responding party) added:

  • We have an offer on the table to you through our attorney which is for more money than your original offer. Selling the house to you is not an option. We tried to resolve the situation that way a few weeks ago and you were not willing to accept our offer giving you an outside one year warranty, money, making limited repairs, and selling you the house under those terms. Instead, you replied with 16 emails of pictures of things that you thought were wrong with the house. We obviously cannot come to terms with your belief as to what is acceptable and therefore feel that we should return all monies, even the funds that you signed as non-refundable, pay for your appraisal, and give you the additional $4500.00 in compensation for your kenneling costs, since the first closing, as you requested in your first writing on this site. This is the settlement that you specifically requested right here in this forum. We have only asked that you sign a confidentiality agreement in order to receive the monies that you asked for. It seems that each time we match your offer, your terms change and that resolution through this forum is not going to work either. We are dealing with this now through our real estate attorney and you will need to make any more correspondence through her.

  • Sep 04, 2012, Claiming party added:

  • Everytime I speak with your attorney she is one sided it seems like. That is why I sent a message directly to you.
    All your offers exclude purchasing the home. We have asked that to purchase the home and to meet with the builder to show what we see and they are not seeing is all ever asked for. No one is willing to meet in person to accomplish an agreement between both parties. Not sure why that is? If you read the offer here completely it is a two part offer, the cash settlement and non cash settlement just as was told to your attorney but no one seems to be comprhending this, it is a combined not an individual offer as has has been all along.
    The offer made from you originally, a different home warranty and $1,500 for repairs, was very low considering all the issues and nothing said about making limited repairs from the builder at that time. Also nothing was said or offered about the additional finacial burden cost aquired at that time through all this either. Also, no meeting with with builder either as asked three times for now.
    Those 16 pictures are not a thought of what is wrong, it is actually still some of what is wrong along with several other issues. Those were sent since cannot get a meeting with anyone to verify what is lagitament and what is not. Obviously we cannot come to an agreement because you are not willing to meet up and do so as asked of you. I am assuming the reasoning behing that is will actually see wht we re talking about.
    Doesn't say anything about those monies being non refundble, says may, and if only if it is the buyers fault, which this clearly is not. Also, the change in the monies value keeps changing because once put in several more days pass by before a settlement offer comes back. I clearly stated to your attorney at the time of that conversation that my figures were not exact but she still ran them through. At the time of her call to me as I stated I am not with my paperwork at the time so my figures are a guess, which at that time they were $409.20 less than what should have been as of 24 August. Now it is what 4 Septemeber so es different figures as time goes on. So as of yesterdays money statements another ten days hae passed with no settlement is why.
    So, bottom line our offer has never been matched, it has always been way less than what we have asked for, never the offer to meet and and g back through the home, to purchase it, to meet the full money amounts asked of and so on, not once has anything beem completly met.
    Yes all you ask is to sign a confidentiallity statement to make all this happen, well, as stated earlier, our offer is and always has been a two part offer but the selling part keeps getting a big NOT!
    So yes, to not even break even on everything we have paid out, and still no home, to sign a confidentiallity statement is no where near an option. Seriouslt to keep my mouth shut! The only way that will be signed is to come to an agreement with the most rescent offer we just offered you here on 3 Septemeber or a way greater offer than not even breaking even.
    This is my last correspondence to you through this forum. Unless hearing directly from you or your attorney I have nothing more for either at this time.

  • Sep 04, 2012, Lake Carolina Homes, LLC (responding party) added:

  • Please review you original terms under cash settlement. This will also be my last correspondence through this forum. Please contact our attorney for further correspondence

  • Sep 05, 2012, Claiming party added:

  • some more issues...

  • Sep 05, 2012, Claiming party added:

  • and more...

  • Sep 05, 2012, Claiming party added:

  • more...

  • Oct 04, 2012, Claiming party added:

  • We, the would have been buyers, are closing out this complaint with Lake Carolina Homes, LLC. A full agreement never was completed between buyer and seller because the home was sold to someone else prior to that happening.
    Because of court cost, time, and monies spent all ready the aggreement between buyer and seller was all monies put toward home were returned to the buyer and the seller did reimburse all but $409 of monies spent out of buyers pocket for kennel cost and rental cost during this time period that was asked for. Both buyer and seller did sign the termination agreement and a confidentiallity statement as well. The confidentiallity statement was the stipulation from the seller prior to settleing. We, the buyer are still waiting on our fully signed copy of the confidentiallity statement. Everything else has een recieved from the seller to the buyer.
    We, the would have been buyers, felt this was our best option since the builder sold our home to someone else and did not want to fix issues and sell to us. With that, we felt it will be up to the buyers who have bought to settle their issues with Lake Carolina Homes since we could not.
    We are waiting on our signed copy of the confidentiallity statement is all at this time. As stateted on the confidentiallity statement this is our closing out statement and this complaint is closed out as of 4 October 2012. Thank you.

What Claimant Wants Hide
1. We would still like to purchase our retirement home. We are willing to change our last offer to keeping the price of the home at $276,990. In addition we want to meet one on one with builder or his representative and do an actual walk through, not like before a halfway one and didn't complete because got to dark inside, to decide what builder will accept to fix and what byer will accept to fix. Keep refrigerator allowance the same and closing cost the same. Buyer will except the original check of $4,487.50 plus an additionfor kennel and rental cost of $5,192.20. Buyer will not ask for storge building fees and no other monies to be exchnged for anything from builder or buyer. These monies will be for the fincial burden placed upon since this issue started on 29 June and not closing since that date and two other and to offset for the cost of repairs that buyer will intell such as back yard for leveling and removing of roots and stumps, front yard for sod and hole, driveway repair, and interier and exterial issues agreed on. Also, builder will provide a home warranty agreed on between both buyer and builder. We feel that everything that we have been put through, lost to or retirement time and home, finacial set back, and being treated unfair like we have thatthis would be a fair and acceptable offer for both buyer and builder to make both parties happy and settled. Sep 14, 2012 $0.00
  • 0
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Respondent's Counteroffer

There has been no response to this claim from Lake Carolina Homes, LLC. This claim will remain posted until resolved
Offer History
Aug 23, 2012
Claimant's Terms of Settlement to Lake Carolina Homes, LLC
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  • Question: by blacla c — Online mediator
    • On: 01-11-2017
    View more
  • I have several questions regarding this complaint. I and many others that I have extremely briefly and easily "sought out" have many complaints about Lake Carolina Homes LLC which has since changed to MorningStar Homes to include the "Warranty Company". I experienced the same issues in getting a hold of the Warranty company as all their phones were disconnected 6 months into my warranty. Please respond back with a way to contact you so we can discuss these issues further. Thanks
  • Comment: by kuzindwight — Online mediator
    • On: 11-23-2012
    View more
  • DO NOT BUY FROM THIS BUILDER!!!!!

    We have a home of theirs in NC and are having massive buyer’s remorse. Their shotty quality becomes apparent within a month of moving in to your home. Their warrantee services are non-existent and you’ll spend more time worrying about your brand new money pit than enjoying your brand new home.
  • Comment: by joleenthorn — Online mediator
    • On: 09-27-2012
    View more
  • Lake Carolina pay money asked for plus pay for anything that claimant gets outside help to fix. I wouldn't have Lake Carolina fix it they do a rush job and it will end up like crap again.
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