Complaints

• Initial Complaint

  09/08/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Unresolved

  More info

  We ordered a residential site survey at our Bridle Way address,done by 40 Parallel survey company from ***************.I walked with the employee as he measured the lot. We had one survey rod already in place on the N/W corner. He place two , one each in the front by the sidewalk. That left the S/W corner of the lot. At this corner he choose not to place the rod at its legal description point. Instead he placed it five feet from its actual measurement location. He claimed he was unable to place the rod because of vegetation and a chain link fence. This did not create an is*** until recently. We are currently in a property line dispute with the adjoining property to the West. They are claiming about 1-2 feet which appears to belong to us. Using line of sight from the N/W survey rod, the fence and scrubs look to belong to us.Without the S/W corner rod it leaves us at a disadvantage with our case. I recently called and spoke to the owner of 40 parallel about our situation. In our conversation he stated that he would not allow his employees to place the rod at its proper location because he feared retaliation from the owners of the adjacent property. He mentioned he was afraid they would *** him. He did offer to come out and move the rod . However he said he would not place the rod at the corner if it appeared to cross over into their property. Regardless of its legal measurement location. Although he offered to come out and look at the situation, he would refuse to make the correction to the measurement. I am asking for a full refund of my payment. His company did not fulfill their commitment in providing me with a legal standing survey. He needs to either complete the survey to meet the legal requirements or refund my money. ***********************

  Business response

  09/11/2023

  Owner

  We are evaluating whether to refund the fee. The fee was for work done in August 2022. As **************** stated the rod at the ** corner was not set because of vegetation and we were on an hourly fee. We could have cleared the vegetatioin but based on ******************** recent conversatioin he would not have been happy paying $195 per hour for a laborer to remove vegetation. Furthermore he has stated that it was fine until recently. So I believe it is likely that a court would find that a fee billed and paid almost a year ago and appearing to have satisfied for almost a year should not be refunded.

  *************** appears to be someone who expects people to do what he demands and immediately. When our phone conversation ended last week I was prepared to have my employee visit the site at no additional charge and, at his determination, set a rod at the title corner or not. That field person is a registered land surveyor so he has the expertise to determine whether the rod should be set.

  Within 36 to 48 hours I received the BBB complaint. I then informed **************** that we would choose not to do any further work for him.

  Here is the note I sent him after the complaint had been filed and as a result of the notice of the
  

  Business response

  09/11/2023

  Here is the text of the email I sent to **************** informing him that we would not be providing any further services:

  ****************: I was notified that you filed a complaint with the
  ************ BBB. That is certainly your privilege.
  
  I have the privilege of choosing whom I work for. I get multiple
  requests from companies to quote construction work and I often decline
  to quote their work. I am declining to do the survey work you requested
  even though I had offered to do it at no charge to you.
  
  I don't quite understand why you moved so quickly. We are 6 to 8 weeks
  to completion of new jobs. While this was not a new job it still is not
  something that was an emergency nor especially urgent.
  
  Since you did not even give us a chance to satisfy you, you will need to
  find another surveyor to do the work you requested.
  
  Good Luck!
  

  Customer response

  09/14/2023

   I  feel it necessary to respond to his comments about this situation. 
       This entire issue revolves around the S/W stake not being placed properly at the time of the original survey. I was with the gentleman as he did the survey. At no time did he mention the additional hourly fee to remove vegetation . Had he requested I could have cleared away enough of the debris so he could set the stake at its legal location.
       It just became an issue because the adjacent property owners are now disputing the property line.Since the stake is not placed in the proper location its causing a problem for our claim of a few feet of property. 
      Im more concerned about comments that were made on the phone . He said if someone did return to look at the  placement of the rod, he would order them not to place the the rod on the corner if it appeared to encroach on the adjacent property. He said he feared repercussions from them, possibly being sued by them. I asked if he would repeat that statement so I could record it on my phone and he said he would not and i could not record him. His approach seemed highly unethical and unprofessional.Failing to complete a legal service for fear of upsetting a neighbor is not acceptable.After he stated he would not follow through on his responsibility I felt it necessary to file this complaint.Had he sent a man out, he still would not do what was legally required because on his orders.Im sure in a court of law these statements would not reflect well on his standards of  doing business.
      He seems like a jaded businessman who is not interested in acknowledging when his company is at fault. I paid for a legal survey from a professional company. What I got was a job that is not completed and does not meet the legal requirement of a property survey. Of the 4 corners of property his employee placed 2 stakes at the sidewalk, 1 was already in place and placed the 4th in the wrong location.
     What is frustrating is that the line of sight from the N/W stake clearly shows the fence , tree and bushes are on our property. The property plot is a straight line. Had the surveyor used this stake as a reference he possibly  could have avoided the vegetation all together, and placed the stake properly. 
    Having done research I discovered this company has had past dealings with the adjacent property owners.He expressed fear of them do to issues they have caused in the past with other property line disputes in the subdivision. This appears the be the reason for his failure to want to pursue this matter.I am just asking for him to either do the survey properly and in a timely matter or refund my fee.

  Customer response

  09/20/2023

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]

  Date Sent: 9/14/2023 3:01:59 PM
  

   I  feel it necessary to respond to his comments about this situation. 
       This entire issue revolves around the S/W stake not being placed properly at the time of the original survey. I was with the gentleman as he did the survey. At no time did he mention the additional hourly fee to remove vegetation . Had he requested I could have cleared away enough of the debris so he could set the stake at its legal location.
       It just became an issue because the adjacent property owners are now disputing the property line.Since the stake is not placed in the proper location its causing a problem for our claim of a few feet of property. 
      Im more concerned about comments that were made on the phone . He said if someone did return to look at the  placement of the rod, he would order them not to place the the rod on the corner if it appeared to encroach on the adjacent property. He said he feared repercussions from them, possibly being sued by them. I asked if he would repeat that statement so I could record it on my phone and he said he would not and i could not record him. His approach seemed highly unethical and unprofessional.Failing to complete a legal service for fear of upsetting a neighbor is not acceptable.After he stated he would not follow through on his responsibility I felt it necessary to file this complaint.Had he sent a man out, he still would not do what was legally required because on his orders.Im sure in a court of law these statements would not reflect well on his standards of  doing business.
      He seems like a jaded businessman who is not interested in acknowledging when his company is at fault. I paid for a legal survey from a professional company. What I got was a job that is not completed and does not meet the legal requirement of a property survey. Of the 4 corners of property his employee placed 2 stakes at the sidewalk, 1 was already in place and placed the 4th in the wrong location.
     What is frustrating is that the line of sight from the N/W stake clearly shows the fence , tree and bushes are on our property. The property plot is a straight line. Had the surveyor used this stake as a reference he possibly  could have avoided the vegetation all together, and placed the stake properly. 
    Having done research I discovered this company has had past dealings with the adjacent property owners.He expressed fear of them do to issues they have caused in the past with other property line disputes in the subdivision. This appears the be the reason for his failure to want to pursue this matter.I am just asking for him to either do the survey properly and in a timely matter or refund my fee.

  
  
  Regards,
  
  ***********************

  
  

*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. ↩