Complaints

• Initial Complaint

  16/11/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Hi Better Business Bureau,I am writing to bring to your attention a matter regarding our recent home purchase and challenges with the developer and the new home warranty provider.On April 25, ****, we excitedly purchased a new home with the expectation of enjoying peace of mind, free from concerns about renovations or repairs. Unfortunately, on October 1st, we discovered a troubling noise originating from the furnace area. The situation worsened on October 2nd, escalating into a persistent alarm. Alarmed, my wife contacted the fire department, who revealed that our sump pit was full, warning of potential flooding without prompt action.Complicating matters, we have a tenant downstairs with valuable tools, paintings, and personal belongings. Despite our relentless efforts to reach the developer and the new home warranty provider over the extended weekend, we encountered unresponsiveness. In desperation, we sought assistance from *****************, a representative of the developer, who, in turn, contacted both the developer and Westbow. Unfortunately, our attempts to secure assistance from either party proved unsuccessful. Please refer to the attached screenshot for details of our communication.Acknowledging the urgency of our situation, ************ advised us to hire a local plumber, assuring us that the developer would cover the costs. Following his guidance, we engaged the services of a local plumber who determined that the malfunctioning pump required replacement to address the issue. Promptly, we paid the plumber with the expectation that the developer would reimburse us.Acknowledging the urgency, ************ advised hiring a local plumber, assuring reimbursement. The plumber fixed a malfunctioning pump, costing $3,150, which we covered.Despite our house being less than a year old, the developer refuses reimbursement. We request your mediation to resolve this dispute swiftly, alleviating our financial strain.Thank you for your consideration.Sincerely,

  

  Business response

  22/01/2024

  Hello,

  As noted in the invoice (attached) by ******* plumbing, the sump pump was full of grease, which caused it to fail. ********************* assessed the claim and made the following determination (attached):
  
  "Information collected through the homeowner and review from PHW Assessors have advised the sump pump
  failure was a result of excessive grease buildup around the pump and within the sump pump housing. This grease build up
  was most likely the result of cooking grease being drained down a sink in turn causing blockage at the pump.
  As the damage to the pump was most likely a result from improper, or negligent maintenance, this item is an exclusion from
  warranty coverage and receives no Benefits of the applicable warranty policy.
  Reference: Per the ********* Policy;
  EXCLUSIONS DEFECTS
  1. The following are excluded from this Policy:
  e) any damage to the extent that it is caused or made worse by an Owner or third party, including
  i) negligent or improper maintenance or improper operation by anyone other than the Residential Builder or its employees,
  agents or subcontractors"
  
  As this was the official determination by the new home warranty provider, we were not directed by them to reimburse the homeowner. ************************** is contracted by Westbow to sell homes, however he is not authorized to approve costs during the home warranty period and should not have been engaged in this situation.
  
  Thank you,
  *****************************

  Customer response

  06/02/2024

  HI BBB,
  I hope this message finds you well. I appreciate your prompt response and the detailed information provided by Westbow Construction regarding the issue with our sump pump.
  
  Upon careful consideration of their response, we would like to highlight a few points for your review:
  
  Usage and Household Composition:
  Our residence is a three-level house, with distinct areas for the main floor (kitchen and primary bedroom), downstairs level 1 (bedroom), and downstairs level 2 (suite with a single tenant). Water from the main floor goes directly to the city sewer, while only the water from the bedroom and suite is directed to the sump pump.
  
  Tenant's Usage Habits:
  We have communicated with our tenant, who confirmed minimal cooking activities at home. In addition, considering human body oils and the presence of oil particles in everyday items like shampoo and conditioner, it's essential to acknowledge that not all oil accumulation is a result of negligent cooking practices.
  
  Plumber's Assessment:
  *********** has identified a specific issue with the sump pump pit, where it fails to efficiently handle drainage, leading to the accumulation of grease on the top. This issue, according to ***********, is unrelated to any negligence on our part but rather a flaw in the sump pump system itself.
  
  Neighboring Cases:
  We have consulted with our neighbors, who have experienced similar sump pump failures. they said their basement flooded multiple times, westbow  replace the same cheap sumpump and the issue did not goes away and failed again in couple of weeks . It cost them highly due to professional cleaning and unhappy tenants for this incidence. They have hired the same plumber, changed the sumpump and now they dont have any issue.
  The  Westbow Construction covered the cost of our neighbour. This raises concerns about the consistency in the application of the warranty policy. We believe that fairness dictates a uniform approach to similar cases.
  
  Considering these factors, it appears that the root cause of the sump pump failure is not solely related to cooking practices but rather to a recurring issue with the specific sump pump model installed by Westbow Construction.
  
  In light of our efforts to understand and address the problem, coupled with the precedent set by your assistance in covering similar costs for our neighbors, we kindly request a reconsideration of our case. We believe our situation aligns with the parameters of fair warranty coverage, and we are hopeful that, upon further review, a resolution can be reached.
  
  Thank you for your understanding and continued assistance in facilitating a fair and reasonable resolution to this matter.
  
  Best regards,
  
  ***********************
  ***************
  **********, ** *** *** ********

  

  Business response

  12/02/2024

  Good Afternoon, 

  Please see my response to your additional comments below:
  
  The plumber's assessment, as outlined in your attached invoice, was that grease was found in the sump pump, no mention of design or installation error was indicated. The tenant may have stated otherwise, but unrefutably, there has been grease located in the sump pump. Foreign materials entering the sump pump are the primary cause of failure, as our systems undergo rigorous testing for installation integrity and design efficacy, ensuring they are not susceptible to issues stemming from their installation or inherent design.

  Thank you,

  ******
  Customer Care Manager

• Initial Complaint

  20/04/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I purchased a house from Westbow 14 months ago. There have been numerous issues with the house, most which have not been resolved. There are significant issues with the lawn and soul outside. This was supposed to have been addressed last year and was not. I have electrical issues and only 2 of the 3 outside outlets work. This has yet to be addressed. Appointments have been made to address the 1 year deficiencies. On two occasions, staff did not show up. Just today someone was supposed to be here at 8 am. When they did not arrive, I called the office. Somehow the person who was supposed to be at my house was out of the country. I find this unacceptable. I would not have known what happened unless I called and now the work is not being done. This company is very unorganized and is very poor with communication and following up. I would like the work to be completed in a timely manner. From now on, the work will ve done at my convenience. And I would like to be compensated for the time I have spent waiting.

  Customer response

  20/04/2023

  ******,
  
  I would lime to change the resolution to just have the job finished. And remove the one about compensation. I did not see a place to do that when I went into the site. Thank you.
  
  ***************************

  

  Business response

  12/05/2023

  We have been in contact with the customer and are currently working through deficiencies in coordinationwith the third party warranty provider. 

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩