Complaints

• Initial Complaint

  05/12/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  On October 2nd 2021 I deposited $104,000 to Mockingbird Tiny Homes for two tiny homes to be built in 2022. Today it is May 12, 2022 and there has been zero progress. I am requesting a refund of my deposit, given that they've held it for seven months with no appreciable work or hope for work in the near future. From the beginning, they were impossible to schedule, always busy, rarely available. We also work, so we understand what it is to be busy, but this was unreasonable, especially since we gave a six-figure deposit. Next, after finally getting an estimate on their build, it turned out significantly more money than initially indicated. At over $300/square foot, this is what luxury homes cost, not trailer builds. Their estimate was for $178,000 for one home. Far more than originally anticipated. Seeing how this was going, and losing my bid on available land in ******, I requested a refund. They said they do not offer refunds. I offered to pay a penalty just to release my funds, and after repeated emails and texts, they still have not responded. I am considering hiring attorneys to handle this. This company has been nothing but trouble to work with. The hypocrisy is that, if they are that busy they don't need my business - and yet they are holding my deposit as ******. Very disappointed.

  Business response

  05/14/2022

  Attached is the signed construction contract, and then original contact form laying out the anticipated timeline.  This customer was so sure that they wanted to work with us that they put deposit on two tiny homes to be delivered by our ****** location.  The customer then lost the ability to get land in ******, which is weird considering he is a fortune teller.  I have informed the customer that we are ready to begin construction of their homes and they do not want us to do that.  They would prefer a refund.  Unfortunately, my product takes 3-4 months to build custom.  I cannot just refund money every time someone misreads the tea leaves.  

  In an effort to help the customer, I have offered to build their ********************** either in ******, or in ***** giving them the ability to take delivery in all 50 states - something no other builder in ****** can offer.  

  Customer response

  05/14/2022

   
  Complaint: 17194107
  
  I am rejecting this response because:

  What **************** says about our inability to get land is true. However, that is not the reason we are fiiling this complaint. What he does not say is that his completion estimates were at about $170k, significantly over their original quoted price. When he resubmitted a new quote, it was at $133k and didn't include shipping, appliances, and other necessities. **************** is also omitting the fact that I offered to settle this by paying a $10k penalty to them - I am not uncognizant of the fact that they have a business to run, and approached them in a spirit of compromise. He refused, citing that I had signed a contract. However, that contract was for two homes at the price mentioned, not double that price. ******************** reference to me as a "fortune teller" and my inability to read the "tea leaves" illustrates the unreasonable and frankly insulting attitude that I have had to deal with. It is almost eight months without any progress and with our $104k deposit held hostage by **************** and his company. We just want to get on with our lives. If Mr. ******* and Mockingbird Homes continue this abusive attitude towards us as their customers, I will be forced to file a ****** **** *************************************** official complaint and seek legal recourse. 

  
  Sincerely,
  
  *****************************

  Business response

  05/18/2022

  Here is the original e-mail exchange between client and our point of contact.  In this particular email you can see exactly when we planned to start the build June 22.  It is *** and I am ready to start, so actually I am ahead of schedule at a time when the entire industry is behind.  Additionally, this e-mail details basic pricing for each size.  This client wanted to get on the build schedule before finalizing estimates.  In order to do that we needed a deposit.  Customer placed a builder grade deposit on homes they hoped to upgrade in the design process.  They were aware of the cost difference and are trying to use that now.  Bottom line is this, I can build exactly what is stated in the contract, in the discussed time period.  I am ready to begin.  This customer does not want a builder grade house and does not want to pay for a custom house.  

   

  I just want to get back to work and continue to execute all of my contracts like I always do.  At this point I have no other choice than to begin building the homes, and hope the client can hold up their end of the contract.  If not I will have to sek legal action.  

  Customer response

  05/24/2022

   
  Complaint: 17194107
  
  I am rejecting this response because:

  
  

  I am saddened that the contractor has selectively included certain information while conveniently leaving out some of the main reasons for this *********, namely the following:

  
  

  -The labor cost from their original estimate ($90/hr) jumped to $120/hr without our being made aware of this. 

  - The labor hours from their original estimate (*****) more than doubled to 400 hours.

  - The cost on over ten items increased from their original estimate (attached below) to their later estimate, without our being made aware. These inlclude but are not limited to: bathroom vanity, custom tile shower, custom door, exterior trim, custom fixtures, flooring, insulation, interior trim, electrical supplies, lumber, plumbing, and metal roof. For example, insulation cost went from the quoted $1,400 to $2,200 on every invoice; door cost went from $800/door to $1300. These are itemized in the attached PDF. Covid is not an excuse as the original estimate was given in October, 2021. The later overpriced estimate was delivered just a few months later.

  - An additional cedar siding cost for $9500 has been added that was not on the original estimate and that we did not approve.

  - An exorbitant $15,000 shipping charge has been added that was not on the original estimate and that we did not approve. After we signed the contract, they told us that they had to move their construction site to ****** *****, instead of ******, thereby significantly increasing shipping cost. We did not sign off on this and were not aware that it would be this expensive.

  
  

  Again, Covid or any related shortages are not an excuse as the original estimate was given in October, and we received the later invoices in February, just a few months later. 

  
  

  When we described what we wanted to the contractor, we were quoted $104,000 for the finished trailer. Solar was to be separate. We were made aware that extra special custom add ons would increase the price, with a final verbal estimate between 100k to 120k at the upper level with all top-of-the-line finishes.  We were shocked when they sent us an invoice for $179,250 (included). Even deducting the solar, this comes to $165,250. At between 400 to 500 square feet, that's over $350/sq ft - more than what it costs to build a luxury home! 

  
  

  When we made this known to the contractor, they replied with a slightly revised invoice of $167,450 (included). Their third estimate came to $133,900 but doesn't include our appliances and air conditioner. 

  They made it look like they are accomodating us, while removing essential and originally agreed upon items. Even with all this, the estimate is $30,000 higher than the original!

  
  

  If this were not enough, the contract under Article 4 reads: "there may be changes required or requested to the scope of work, price, and time of completion under this Construction Contract. All such proposed changes will be submitted to the other Party in writing containing at least the following information: proposal date, the change requested, explanation of how that will affect the cost or time of completion, and signed by the proposing party. When both parties have signed to acknowledge their approval of such a proposal, it will be designated as a "Change Order" and will then be incorporated into this Construction Contract and is binding on both parties."

  
  

  The contractor changed the price of labor (from $90/hr to $120/hr)  AND the amount of labor hours required to complete the project (from ***** hrs doubled to 400 hrs). Instead of informing us they quietly added this to their estimate, hoping we would accept without noticing. In addition, though pretending to work with us, all four estimates reflect this price hike, as do the doubled 400 hours, except for the final estimate which reads 350 hours. Mockingbird Tiny homes has failed to abide by the contract and to honor our agreement. 

  
  

  We have tried in good faith to resolve this issue by communicating with ****************. However, he is unresponsive to our request for a refund, even resorting to abusive language in the previous response here on BBB. If **************** and Mockingbird Tiny Homes remain unwilling to refund our good-faith deposit, we will mail our RICO ********* to the state of Hawaii for Mockingbird Tiny Homes and ****'ki'i Commercial Complex LLC. If we cannot get further resolution, we are prepared for legal action. 

  
  

  Sincerely,
  
  *****************************

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