I wasn’t able to blog today, as I had to make my weekly “surprise visit” to the site of my new home to try to see if this lying developer’s promise that “the house will be completed for September 20th” (3 weeks) could somehow be factual!
It proves that yes, he’s still lying, and no, the home cannot be made ready for Occupancy (that he pushed for as recently as this week).
Not only is this guy proving that the entire system stinks, but that it is easy for shady developers to get away with anything they want, even it is is contradicting the integrity of existing Municipal Agreements that the builder and developer are bound to.
It also show that Municipalities are willing to bend over backwards for developer and builders, by apparently turning a blind eye to existing contracts!
To say it is insulting is to put it mildly!
So, here is today’s blog which is the culmination of my long traffic laden drive to and from Oakville and my having discovered water in my basement, and my follow up letter to the developer copying the Municipality:
I am sending this to all parties involved in Bronte Harbourside and copying the Municipality of the Town of Oakville, because each consumer comprising the new owners and residents of this development have been seriously let down by each party receiving this email.
It is not my intention to fight with anyone in this, or point fingers at anyone.
I am a “solutions guy” and the solution is more than obvious here.
This situation can be fixed immediately providing honest open effort is exerted by all parties.
This Builder was informed, by me, about my sometimes controversial and broadly read (1.6 Million unique viewers in August 2016) real estate Blog simplycharles.com and was aware of my reputation for exposing developers that mistreat consumers. I went to lengths to inform him prior to my buying.
I attended the house today and took the attached photos of the basement.
There is obvious water penetration throughout the basement (the photos show large puddles in front of 3 of 4 walls).
The walls have been covered with insulation (possibly inaccurately – see below in red) thus I could not identify if there are any “CRACKS” or other damage to the concrete (see case precedent below).
I understand that there have been water issues with this site in the past, and have requested all “Warning Clauses” (I understand that this parcel of land was a water run-off wooded area prior) set out in the Agreements, but have been told that “the only Warning Clauses are set out in the Agreement” with no additional warnings being introduced once clearance to build was given.
I was trying to meet with the new site foreman (“Rick“) today, whom I spoke with last week, but I was unable to find him or any trades working on any of the homes this builder is building (the other builder’s homes are bustling with tradespeople).
I must confess that I was “offended” to receive your written “Notice of Occupancy for September 20th” when we all knew (or should know) that meeting that date with a quality product is physically impossible!
And, not to mention this developer’s approach to shuffling “Occupancy Dates” around while contradicting Tarion and depriving those buyers (consumers) of their “Rights“ under the Tarion Warranty.
I understand the site foreman (whom I was tremendously impressed with, having lost confidence in Sunrise Homes and its owners), “walked off of the site“.
Sunrise executives have, in writing, alleged that this man “was fired” which I am confident in court would be deemed “defamation“.
I understand that many of your the Trades people have “walked off” as well, possibly “over lack of payment“.
This is specifically the type of offensive behaviour that the Buyers (CONSUMERS) have been forced to endure.
They have every right to be offended!
I am a very reasonable person, providing I am dealt with “Integrity” and that has proven to be one thing that is absolutely missing here!
Consumers are being exploited here and forced into living in filthy conditions with an unserviced road with active construction going on on 18 homes!
There was a proper CONTRACT (“Settlement Agreement“) drawn up by the municipal government and put into place, allegedly to protect all parties but someone FORGOT TO INVITE THE BUYERS to the party!
To be now jamming people into Occupying in these incomplete houses with the sole purpose of getting the builder and developer paid, when the Subdivision Agreement (that I requested for a year and the builder refused to deliver until I finally drove all the way back up to their offices and demanded it) specifically and emphatically says: “the owner constructs a board on board wood fence around the perimeter of the lands to a height of not less than 2m and otherwise permitted under the Towns fence by-law, PRIOR TO OCCUPANCY OF ANY DWELLINGS on the lands” is exec useable, unacceptable and potential civilly unlawful!
We seem to be moving onto a fast-track to litigation.
I am requesting that (Sunrise Homes ‘dba Sunrise Acquisitions (Bronti’) Inc. and/or the Muncipality of the Town of Oakville, and/or the developer (“Fernbrook“), and/or the Builder (“Sunrise Homes”), get a professional engineer’s Report setting out the cause of this volume of water that, despite a proper moisture barrier and professionally dug and poured concrete foundation, has accumulate this water in the basement of this (and possibly others) home.
Hopefully this “water issue” (there is no such thing as a small water issue in a brand new house) is simply a result of the land surrounding our specific home having settled due to the builder next door, having removed all of the soil separating Lot 16 and Lot 17 (see photo 5 and 6 – all ground removed between houses) and put back insufficient dirt to properly grade the home.
The very fact that this could be a simple as (possibly or probably) a “grading issue” still paints a daunting picture!
These 18 unfortunate Buyers (consumers/tax payers) who were misled and/or m
isinformed into taking Occupancy BEFORE all of the parties, (Municipality of the Town of Oakville, Fernbrook Homes, Sunrise Homes, Sunrise Acquisions) had fully met their obligations under Clause 39 of the Schedule M of the Subdivision
Agreement is simply down right unacceptable!
I have asked “what motivation the builder or developer have to get the grading, fencing (all that stipulated in Clause #39) etc.,
done AFTER they’ve gotten all their money?
Please don’t go into the ramble about the money that has been held back (it is considered a cost of doing business to developers and builders).
But, to the issue of the water in the basement today, let me say that there is case precedent of Tarion finding for the homeowner in a case where “the builder’s trades working next door, dug right up to the Plaintiff’s house damaging the foundation“.
This very well could be what has happened that resulted in water in Lot 17’s basement (and/or any other homes in the site).
all dirt between houses removed right up to our foundation wall
It is imperative that the source and cause of this water intrusion into the foundation of this home be professionally identified and remedied.
I am also concerned regarding the application of the insulation on the basement walls, (see photos) as the latest up-to-date instruction in Building Science says “conventional methods are improper and that now there must be an air pocket separating the wall and the insulation“.
I am asking all parties named above to warrant that these up-to-date applications have been applied to this house.
I quote the Building Science Consortium:
The approaches used early in the program were interior stud wall framing insulated with fiberglass batts and “blanket” insulation (Figure 3). These two approaches
The experience by the Building Science Consortium with these two approaches has been bad. The Building Science Consortium has concluded that these two approaches are unsuitable for use by the home building industry due to serious problems associated with mold, decay and odors. This is consistent with reports from Canada where basements are insulated in a similar manner (Fugler, 2002) and from other researchers in the
United States, notably in Minnesota (Ellringer, 2002). Continued use of these approaches by the home building industry will likely lead to a disaster of unprecedented proportions and may result in the construction of energy efficient homes being set back a generation.
I look forward to your timely reply.
I’ll be sure to keep you all informed as soon as I hear back from the parties.
Remember: “Believe NOTHING that you hear and HALF of what you see“!
Municipality of the Town of Oakville