Pulte Homes of Texas

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This is the letter sent to Pulte. Not that anybody over the pay grade of claims manager even read the letter (or that they care), but Cynthia Nicholson added/highlighted the red text in the response below.

Comments on the responses are in green. Further rebuttal will be posted.

Make no mistake. The lesson is learned. It was nobody else’s fault for relying on face to face communication. It won’t happen again; with Pulte, anyway.

Most items have been (somewhat) addressed. However; the time, energy and anguish in getting things completed are at the core of this letter. Several major items took multiple attempts over long periods to get “right.”

To be clear, the model is not constructed to the Pulte standard – the Pulte construction standard is lower. Had a higher standard not been demanded by the buyer, Pulte surely would’ve passed off the shoddy imitations. Ask around the neighborhood about the fireplaces and other things, like mold.

Most of the items below are evidenced with emails, photos, documents, voice mails or phone calls.

Unfortunately, several items resulted from verbal assurances. Unfortunately, the need to record conversations was not evident until it was too late.

To: Everyone

Cc: Richard Strom, Paul Carey, Scott Call, Robert Ahrendt, Brad Tiffan, Greg Kohler, Richard Dugas,

Cynthia Nicholson, Harmon Smith, Kevin Krus, Gustavo Viecco, Joe De La Torre

Our Pulte home buying experience

We will never buy a home from Pulte again. We will share our experience with everyone, in any way we can. Visit www.PulteHomesOfTexas.com

One has only to search the internet for the phrase, “Pulte experience” to get a first impression. I wish I would have done that before I trusted Pulte. Most of the search results are negative; “complaints,”

“lawsuits,” “rip off”, and more. Unfortunately, it was too late when I found the unaccredited D- rating for Pulte Homes of Texas, LP.

When my family and I decided to buy a new home from Pulte in early 2013, we were very excited. This was to be where we made our memories. My wife and I had been through the process of building a new home before. We were well aware that there would be unanticipated challenges. This is reasonable to expect.

However, over the past eighteen months, we have been faced with regret, decisions about walking away from the money and months invested, arbitration over questionable substitutions, or how soon we thought we could cut our losses and sell the house when it’s over. There are still unresolved defects to this day. This is not reasonable to expect.

While the technical and logistical failures alone went beyond the tolerances of process, it was the beguiling soft skills that ultimately led to this letter. It is my opinion that ambiguity and omission may not have been completely unintentional. From the first handshake in 2013, through today, salesmen, managers, superintendents, contractors - everyone has been sure to choose their words, and wear a broad smile in order to earn confidence. I did believe, for a while, that this group of people was genuine, and cared about me and my family. I was wrong.

I believe the facts will attest to the true motivation. Pulte did not once go out of their way to please, or even appease. When mistakes and unannounced substitutions were made, the attitude was, “too bad.”

Please take the time to read the timeline attached.

If you are a homebuilder, please try to consider the permanent, lasting impact you will have on the lives of families. Be honest and forthright. The model home is supposed to be a representation of the result, not bait.

If you are a prospective home buyer, be diligent and suspicious. Read every single word for yourself. Do not trust, like I did, that explanations are necessarily accurate or complete. The terms, “handshake,”

“eye to eye,” and a man’s word don’t mean what they used to. Get everything in writing; unambiguous and signed (like they do). Verbal communication is hearsay. Photograph everything. Keep every artifact, including emails, voicemails, phone calls, documents, etc. Unfortunately, contemporary business practices have resulted in these requirements.

03/15/13: Chad Perkins offered a $2,500 credit for applying to Pulte finance. When I asked him if it was like a first right of refusal on financing, he said, “Yes.” He pointed to the sentence in the contract; “You do not have to use Pulte Financing.”

Chad Perkins told me that vertical tiles will be diagonal. – this is an option made at the design center and below are the selections for your home: CORRECT. Chad Perkins said it was included like the model and the design center said it was an additional cost.

Wade Stultz and Chad Perkins both give closing dates between 8/19/13 and 8/21/13 and strongly assured us that an automatic process has taken over and the possibility of closing outside of these dates would be highly unusual.

Document signed by Wade Stultz states that closing will be 8/19/13.

06/21/13: Slab quality is poor. Not level or smooth. Visible honeycomb and cracks. Corners have since broken off. – Corner (or shovel) cracks are covered under warranty for 2 years. we can repair this now CORRECT. The faulty corner must be repaired.

Top of stairs framed in with half wall instead of railing. on the 2 nd floor, the plan calls for a half wall rather than an open rail – is this the area you are referring to? CORRECT. The half wall had to be removed to install a rail like the model.

Brick patio was not included in $20K brick upgrade. This option was admittedly omitted by

Chad Perkins. Subsequently told it was too late, then told it was not too late, but would cost $805, plus an additional $1,000 change order. Then Wade Stultz told us we could hire a mason, but there may be no extra brick. – the home has an option rear brick; a bricked patio is a separate option that does not appear on the contract CORRECT. It is a feature in

the model that was not offered as a separate option.

At least two other options also omitted: Gas connection on back patio. Open steps on staircase. – does not appear on the contract CORRECT. Options in neighboring homes not offered to us.

Attic access door (paid option) is framed in the wrong room. Were told that a decision was made by Pulte that the attic access door would not be in the media room as per plan,

because Pulte didn’t know that there is a support beam in their plan. Now the attic door is in the media room, as it is in the plan, but the door is one foot off of the floor. – this is correct as the beam prevents the door from being flush and it is consistent with the current construction of this option CORRECT. Now this is the current construction of the option (this changed after we agreed to pay hundreds of thousands of dollars.)

06/28/13: Cable jack at the wrong end of the media room. – per plan, the standard phone and cable is located on the wall that is shared with the rear game room – please let us know if that is not the current installation CORRECT. We specified that the media room was to be like the

model.

07/05/13: Wrong wall sconce moved in media room (required due to attic access door.)

Siding sticking out. Caulked in that way.

07/10/13: Eight windows with damage to handles and frames.

07/21/13: Master closet shelves missing.

– per plan, closet should have 2 shelves on exterior wall and 1 shelf on the other 2 walls INCORRECT. Were told that shelves like the model were included.

These were eventually added.

07/22/13: Pipe bulging drywall in bedroom 1. – this can be very difficult for us to avoid due to protective metal plates that go on top of the studs to prevent nails from hitting the pipe

INCORRECT. Pipes should not push on the drywall. Ask a competent builder about this.

07/24/13: Chad Perkins is replaced with JD Townsend.

07/29/13: Pantry shelves and staircase trim very poorly designed and executed. Nothing like the model. – the model may not have been per plan and we are checking now to make sure it is not mis-representing what the plan states . CORRECT. One of the two homes is wrong, and thereby misrepresenting the plans.

08/05/13: Closing set back. Told by Wade Stultz that "we are hurting for brick labor." At least five other houses which were started after ours are completely bricked before ours.

08/13/13: JD Townsend offers a refund instead of addressing issues. JD Townsend email: "I really don't understand what you want me or Scott to do our hands are tied. The shortage of labor in our current building environment isn't something Pulte can control, as your assumption to pavers being included with an elevation doesn't mean Pulte should give it to you. “

There was no shortage of labor. Chad Perkins admitted the omission; is not my assumption.

Request to work with Greg Kohler for the remainder of the process.

08/13/13: Fourth explicit request for carpet schedule still unanswered.

08/20/13: Wade Stultz replaced by Robert Ahrendt.

08/21/13: JD Townsend on when bricking will start, "The honest answer is we aren't sure."

08/22/13: JD Townsend doesn't know which brick we ordered.

08/27/13: I suggest that Pulte issue a credit for the attic access door fail, and apply it to the omitted bricks patio. From Greg Kohler email, "Your solution regarding the attic access door and brick front porch is fair and reasonable."

08/31/13: Multiple occurrences of human feces found inside the home. – picture sent to Robert but he could not find it in the home INCORRECT Robert said on the phone that it had been cleaned up.

09/03/13: No schedule for carpet two weeks after scheduled closing.

09/04/13: Address block in the wrong place compared to the elevations and the model. – corrected

CORRECT. It was yet another mistake that had to be corrected. The model and the elevations clearly show placement of the address block.

Model is bricked with a random ashlar pattern for the stone. The home uses a cheaper, coursed ashlar pattern. stone suppliers changed between the construction of the model and this home CORRECT. This is a substitution of lesser value. Contract clearly states that substitutions will be compensated.

08/07/13: We want to use our title company. Greg Kohler replies, "Unfortunately, that probably won’t happen. We close at the Park 10 location."

09/08/13: Second tile shelf missing from shower. – corrected INCORRECT shelf is glued on with silicone. It is not mortised and grouted like the correct shelf. This was after the previous attempt to pass off the shelf installed with the wrong tile.

Shelf eventually added using the wrong tile, without silicone, and not cut-in and grouted like the correct shelf.

Second bedroom has a bulge (to this day). Robert Ahrendt's clipboard does not lay flat on the wall. Robert said, "It's not that bad." – nail plate for pipe causing the bow but it is within our ¼ inch over 4ft performance standard guideline INCORRECT Wall is currently bulging .5” over 8”.

Entry ceiling is patched. Quality is terrible.

09/09/13: Shelf in master closet is not requested nor is it in the model.

Bricks and stones now match the model, but the exterior paint does not. Paint on the siding is very different from the model. – with new home contracts, exterior paint color is autoselected based on the brick chosen; at the time the model was built, these color packages had not been set up yet in our system CORRECT This is another switch from the model to the product that was not communicated. Omissions in toto would’ve affected the decision to buy.

Pantry shelves are missing (not like the model.) – plan shows 5 shelves – please let us know if you do not have these. CORRECT. Another switch which required correction by the buyer.

09/13/13: Fireplace ($4,000.00) has been bricked without the hearth or mantel. A large rectangle has been left for the mantel without brick. The lower hearth does not extend to the walls, as in the model. This is already a problem because the mantel is not be rectangular in the model.

Bricks are coursed ashlar (cheaper) and not random ashlar, as in the model. – stone supplier changed since the model was built but we were able to get a shipment of stone used on the model so that we could replace the stone on the fireplace to match the model

CORRECT. But not after hearth and mantel of cement blocks were installed. Pulte attempted to pass off the disgraceful substitution as “within the Pulte standard.” Hearth and mental were demolished twice before the correct stones were installed in the correct place.

Cheaper, uncredited, unannounced substitution of coursed ashlar pattern remains.

Weep holes on front porch are below surface level. – was this after the patio was bricked?

CORRECT. Note: Builder doesn’t know what their contractor did

09/16/13: Pulte Homes of Texas, LP has an unaccredited D- rating with the Better Business Bureau.

House appraises below sale price.

Two steps near the top of the staircase have breaks in them. These get patched, not repaired.

09/18/13: Master vanities have deep chips. Stairs are not framed as in the model. This has changed the trim.

09/20/13: Model home presents 4" off white natural stones for the hearth and mantel. These have been substituted with 6" gray cement bricks. – change in stone suppliers since model

construction CORRECT Change in suppliers resulting in much cheaper substitution (no option or offer to compensate like the contract states).

Chips and pieces have been used to back full the remaining are of the rectangular hole left when bricking. This is common practice with stone surrounds on fireplace INCORRECT. This was a pitiful attempt to repair a shoddy installation with substandard material. Pictures upon request (will be posted forthwith).

Told by Robert Ahrendt that the fireplace "meets our standards and specifications" and will not be corrected like the model.

09/21/13: Back door latch contacts the trim and is damaging the wood.

Tin roof over the front porch is visibly crooked. This is ultimately masked with a gutter.

Header trim over garage door opening is sagging. – I did not see any current sag in the lintel above the garage bay door CORRECT. This was another failure which was repaired.

09/24/13: Will not close on 09/27/13 because house is "not complete" per lender.

09/25/13: Greg Kohler tells me that there will be no final punch list. Fireplace is not finished. This means habitation during interior brick demolition.

Numerous kitchen cabinets have bad scratches. Drawers and doors are replaced, but brand new cabinets are to be, "skinned."- reskinning is an appropriate repair in many cases

CORRECT. Another failure requiring repair. A brand new house was agreed to, not a patched, puttied and skinned house.

Back door frame is cracked, door doesn't close properly.

Pulte doesn't know who our lender is (but they've been talking to them).

Robert Ahrendt said he will be moving the close date, but Greg Kohler said Pulte will charge

$100 per calendar day for not closing on time.

09/26/13: Texture in entry is terrible.

Hand written punch list. Dated and signed by Robert Ahrendt includes, but not limited to:

Dishwasher not properly installed. – missing screw – has since been installed INCORRECT.

The dishwasher was suspended by the counter above. The feet were not properly installed and adjusted.

Chipped tiles @ island (in kitchen). – replaced CORRECT.

Skin for double oven cabinet. – reskinned CORRECT. Pulte presented, sold and accepted payment for BRAND NEW cabinets and delivered scratch-and-dent repairs.

Master batch tile edges are not dyed. –

Plant ledge unfinished. stain has been applied

Bowed stud rear bedroom (never was fixed).

More...

09/27/13: Close late Friday. Get "home" at 7:00 PM.

CORRECT.

Wrong keys. – Robert the field manager came out on Saturday morning to provide access via the garage door remotes so the home could be secured. The vendor that can rekey the home was not available until Monday at the earliest… CORRECT. We could not sleep in our own home due to another failure by Pulte.

09/29/13: No locksmith after two days.

10/01/13: Portable toilet in the yard. Still no house keys. – the port-o can was within the property lines of the home under construction next door INCORRECT. Toilet was on Lot 4 (photos).

10/04/13: Master bathroom privacy window is contaminated between the panes. Master bathroom toilet is defective and must be replaced. – toilet replaced and window reglazed CORRECT.

“Brand new” toilet and window replaced.

10/10/13: Cedar wood piece over porch that had paint on it replaced over a week ago, but never came back to stain. – delayed due to weather has been stained CORRECT. Third visit.

Shutters over garage missing. – have been installed CORRECT. After move in.

10/11/13: Sediment barrier not removed along back fence. – required for nearby construction

INCORRECT. No construction on either side of barrier.

10/14/13: Fireplace still unfinished (exposed carpet tacks and plastic sheets and rock dust).

Back porch stained with paint.

10/15/13: Master bathroom privacy window is still contaminated between the panes. – reglazed

CORRECT. Defective product.

Shutters over garage not stained, but stones have stain on them. – cleaned stones

INCORRECT. Stones still have stain on them now. Other stones on porch were chiseled to remove stain splashes. Large chunks have been broken off.

10/16/13: Padding is torn and bunched under carpet in bedroom 1.

Tile repairman arrives unprepared and reschedules. – the vendor requires an inspection before repairs INCORRECT Tile repairman fixed other area without having to return.

Carpet repairman arrives unprepared and reschedules. - the vendor requires an inspection before repairs INCORRECT. Repairman was angry that he had to return because he wasn’t given the correct information.

10/23/13: Locking attic access door not keyed. – correct hardware for attic space and storage space is a privacy lock (like on a bathroom) not a keyed entry INCORRECT. When house was rekeyed because Pulte gave the wrong keys, they did not key the attic access door. The door was later keyed to the same keys as the other doors.

Front door is damaged and missing weather trim. Hardware is upside down. – no Service request on this – this can be corrected INCORRECT Complete door has been replaced by

Pulte, weather stripping added and hardware replaced. Finally.

10/25/13: Back metal fence is very poorly constructed and uneven. There is less than a 2" drop over

96'. The fence should be very level. – fence will follow the grade of the lot and may not be level CORRECT. Pulte failed when levelling the water front lot. Two inch drop across 96 feet.

10/29/13: Sediment barrier remains two weeks after request (one month after closing).

Children find large flashing sticking out from under sod while playing. There is a lot of construction waste in the dirt (bricks, metal, cloth and plastic).

11/06/13: "Mary at Sloan Lumber even can't believe all the work that needs to be redone from what should have been done correctly the first time."

Told by Ricardo Hernandez of Westwood fence that, "My crews installed the fence according to the grade." This is not accurate. – our fence follows the grading of the lot but the fence company did adjust the fence with the homeowner present CORRECT.

Homeowner did show the fence company how to install a fence (the third and final time it was installed).

11/07/13: Over 20 cabinets with defects and damage (including poor attempts of concealment).

11/11/13: Scuttle opening not painted and door missing.

Guest bedroom wires shorted. – loose wire repaired CORRECT. New house obviously not tested.

Attempt to fix fence has failed. Posts are not replaced and parts are reused. Now the posts are uneven and contain holes.

Attempt to fix the entry ceiling has failed. The sheetrock installer said he recommended the proper method to fix it, but was told to use QuickSet.

11/24/13: Roof is leaking. – A/C pipes leaking repaired CORRECT. New house leaked

11/26/13: Cabinets not repaired.

There is a vent pipe in the roof which is connected to nothing. – tilted vent but not anything about an unconnected vent CORRECT. What would be requested? service requests mention a

The office option upgrade does not include an internet connection (as in the plan). Told it was an "additional" option to the office option upgrade. – this is correct CORRECT. This distinction was unclear. There was no internet outlet offered as an option. Optional office should include an internet jack, or the salesman should be trained.

02/03/14: Cabinets not repaired after three months.

Workers cut through phone/internet cable. Utilities not marked before digging. –

Open fire on lot 1 construction.

Enter Kevin Krus.

02/04/14: Cable not fixed until 4:00 PM.

03/03/14: Granite broken (defect, not fissure or characteristic) in front of stove is poorly repaired

(confirmed by Scott Call and Kevin Krus).

Scott Call (email from 4/24/13): "I was not pleased with the repair that the granite technician had made."

Cabinets under kitchen island are not square. Glue running down cabinets.

Cabinets are missing stain in two places.

Tiles are too short and missing grout under the cabinets.

New wood fence is compromised by work being done next door.

03/17/14: Smell of gas from under stove. – tightened valve CORRECT.

04/09/14: Tile repair in kitchen is terrible (confirmed by Scott Call and Kevin Krus).

04/17/14: Wrong shutters installed. – current shutters match the model home CORRECT. Months after moving in.

04/23/14: Termites in master bath.

Crown moulding missing from entry. Added CORRECT. Months late.

Pulte refuses to warranty the patch to the defective granite.

Wisenbaker’s Countertop Division Manager personally assures that he will stand behind the repair if anything ever happens.

04/24/14: Bushes in front dead and dying. Bushes are in clay with no drainage. Pulte landscaper, "Joe," said that the bushes are not dead, and the problem is not from freezing. He said that the bushes are water-logged. – we have clay soils and have to use a clay-content final grade to be consistent with the existing soils so having this in the flower bed is correct INCORRECT.

The final grade is too shallow. Plants were planted in solid clay.

04/27/14: Gas meter is not grounded. – was a service request submitted? We have no record of this issue… Scott or Robert or Kevin, or someone took over the requests because there were so many. This has been fixed.

05/01/14: Pulte replaced 2 of 10 dying bushes.

08/07/14: Multiple door handles are upside down. – we can correct this – was a service request submitted? Pulte contact of the week handled this over several visits.

08/17/14: Mortar coming out from back patio. – completed CORRECT. Another repair.

08/28/14: Step at top of stairs that was allegedly replaced on 9/16/13 actually had a piece of scrap stuffed under the carpet. When finally replacing the step, the framer broke a picture frame hanging on the wall but didn't say anything. – was unaware of any damage; was this communicated to a Pulte rep at the time? Unreported damage wasn’t discovered until they left.

Scott Call is "not in the field" anymore.

11/11/14: Fireplace remote works only from 6". Told to submit a request. Chose to warranty with manufacturer.

12/16/14: Kitchen window is defective. Told by Pulte, who has not seen the window, that it is frost or condensation. – the manufacturer can provide the glass for free and just requires a $75 service charge to do this. the contact for Builders First Source is as follows: 713-849-2110

Glass failed before one year. Request filed in the 13 th month. Pulte was glad to accept

several hundred thousand dollars for most of a house, but, after all these failures, declined to step up for a $75 window.

Everything is documented with pictures, emails, voice mails, documents, letters or phone recordings, and will be made available at www.PulteHomesofTexas.com

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