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Old 04-29-2007, 09:08 PM
 
Location: Charlotte, NC
1 posts, read 3,546 times
Reputation: 10

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My wife & I recently purchased a McCar home in Charlotte, NC. The neighborhood is called Farington Oaks. The homes in this neighborhood are not starter homes & ours; probably like many others came with a lot premium. In most cases; when you purchase a home in a nice neighborhood from a large builder you expect certain things such as good service, no surprises, & if there are surprises… good communication from management. There is a drainage pipe easement that runs down one side of our property line. It stops where the backyard begins. The pipe has created a pond of water that is currently a few inches deep. This water drains into my backyard (about a 1/4 of an acre) which is almost always wet because of the drainage pipe. Currently, the situation is not sanitary or safe (standing water & wet/damp grounds = bugs, snakes, & danger for children & pets). I am not able to use a 1/4 acre of my backyard for much at all because it’s almost always wet. Did I mention that I paid a lot premium? We have been talking to people since January trying to get this thing taken care of & it’s almost May. This neighborhood is currently beginning to expand & build more homes behind my house. I wish that I could tell the reader that everything has gone smoothly & that I would recommend a McCar home to anyone. When you purchase a home you should not purchase a headache. Who want’s to buy a headache? Well, if you are thinking of purchasing a lot near a drainage pipe easement (McCar home or not) I would advise you to avoid this & buy somewhere else. It looks terrible, it’s not safe, and it’s not sanitary. I will post a new entry once this easement has been fixed. Until then, I hope that this information will be helpful.
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Old 04-29-2007, 09:51 PM
 
Location: Waxhaw
138 posts, read 412,884 times
Reputation: 66
An easement only allows for the pipe to run through your property. It does not allow for it to spill out onto your property and interfere with your quiet use and enjoyment of it. Further, if they needed to come out and repair it, an easement allows them to access your property for that purpose. CONSULT an attorney!
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Old 04-29-2007, 10:14 PM
 
Location: Tampa Bay Area Florida
7,937 posts, read 20,370,579 times
Reputation: 2026
Quote:
Originally Posted by par4 View Post
An easement only allows for the pipe to run through your property. It does not allow for it to spill out onto your property and interfere with your quiet use and enjoyment of it. Further, if they needed to come out and repair it, an easement allows them to access your property for that purpose. CONSULT an attorney!

yep Par is right...contact an atty and good luck
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Old 04-29-2007, 11:46 PM
 
414 posts, read 1,380,668 times
Reputation: 80
Quote:
Originally Posted by wamckeithan View Post
My wife & I recently purchased a McCar home in Charlotte, NC. The neighborhood is called Farington Oaks. The homes in this neighborhood are not starter homes & ours; probably like many others came with a lot premium. In most cases; when you purchase a home in a nice neighborhood from a large builder you expect certain things such as good service, no surprises, & if there are surprises… good communication from management. There is a drainage pipe easement that runs down one side of our property line. It stops where the backyard begins. The pipe has created a pond of water that is currently a few inches deep. This water drains into my backyard (about a 1/4 of an acre) which is almost always wet because of the drainage pipe. Currently, the situation is not sanitary or safe (standing water & wet/damp grounds = bugs, snakes, & danger for children & pets). I am not able to use a 1/4 acre of my backyard for much at all because it’s almost always wet. Did I mention that I paid a lot premium? We have been talking to people since January trying to get this thing taken care of & it’s almost May. This neighborhood is currently beginning to expand & build more homes behind my house. I wish that I could tell the reader that everything has gone smoothly & that I would recommend a McCar home to anyone. When you purchase a home you should not purchase a headache. Who want’s to buy a headache? Well, if you are thinking of purchasing a lot near a drainage pipe easement (McCar home or not) I would advise you to avoid this & buy somewhere else. It looks terrible, it’s not safe, and it’s not sanitary. I will post a new entry once this easement has been fixed. Until then, I hope that this information will be helpful.
That sucks. That is a nice community though. I almost bought a house their.
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Old 04-30-2007, 03:55 AM
 
1,638 posts, read 3,830,230 times
Reputation: 3502
Yep McCar has a way of turning everything they touch in to a pile of crap! Another disgruntled McCar homeowner here!!! We are having structural problems with our home. My neighbors are all really unhappy, too.
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Old 04-30-2007, 09:38 PM
 
Location: Matthews
113 posts, read 443,103 times
Reputation: 52
Quote:
Originally Posted by shaylahc View Post
Yep McCar has a way of turning everything they touch in to a pile of crap! Another disgruntled McCar homeowner here!!! We are having structural problems with our home. My neighbors are all really unhappy, too.
What neighborhood are you in? a realtor wants to know!
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Old 04-30-2007, 09:56 PM
 
Location: Matthews
113 posts, read 443,103 times
Reputation: 52
Quote:
Originally Posted by wamckeithan View Post
My wife & I recently purchased a McCar home in Charlotte, NC. The neighborhood is called Farington Oaks. The homes in this neighborhood are not starter homes & ours; probably like many others came with a lot premium. In most cases; when you purchase a home in a nice neighborhood from a large builder you expect certain things such as good service, no surprises, & if there are surprises… good communication from management. There is a drainage pipe easement that runs down one side of our property line. It stops where the backyard begins. The pipe has created a pond of water that is currently a few inches deep. This water drains into my backyard (about a 1/4 of an acre) which is almost always wet because of the drainage pipe. Currently, the situation is not sanitary or safe (standing water & wet/damp grounds = bugs, snakes, & danger for children & pets). I am not able to use a 1/4 acre of my backyard for much at all because it’s almost always wet. Did I mention that I paid a lot premium? We have been talking to people since January trying to get this thing taken care of & it’s almost May. This neighborhood is currently beginning to expand & build more homes behind my house. I wish that I could tell the reader that everything has gone smoothly & that I would recommend a McCar home to anyone. When you purchase a home you should not purchase a headache. Who want’s to buy a headache? Well, if you are thinking of purchasing a lot near a drainage pipe easement (McCar home or not) I would advise you to avoid this & buy somewhere else. It looks terrible, it’s not safe, and it’s not sanitary. I will post a new entry once this easement has been fixed. Until then, I hope that this information will be helpful.
Unfortuantely attorneys cost $$ and many charge $500 or more for what you can do yourself. Most builders recognize a "drainage issue" if it doesn't dry out within 48 hours of rain. Read your contract and what they promise. Three recomendations 1)stop calling them, write out your problem, your attempts to get it resolved, and why it concerns you. Get the address of their local HQ- the next higher ups- and send them a certified letter describing your problem and a desire to resolve it amicably. Make sure you have a deadline, one that says "Please contact me with your plan to resolve this in the next 7 days." 2) Certified letters usually get their attention, as it is is the first step any lawyer would recomend. If that doesn't work, or their "solution" turns out to be a band aid, go one level up, and send another letter. This one has a demand, and consequences if they do not perform. Consequences? For example, you might state, "If you can not see your way to make this repair, please be advised I'll do the following:
1)On day 8, you'll put a 4' x 6' sign up in your yard saying UNHAPPY HOMEOWNER, STOP IN, LET ME TELL YOU ABOUT MCCAR
2) file a complaint with the BBB
3) Begin legal proceedings

And then remind them of your desire to resolve this amicably-- if they think you are just going to be unhappy no matter what, they won't do anything.

Usually a well written demand letter, sent certified, does the trick. Bear in mind while they like to provide good service, bean counters are in control and your solution will cost them money. So, they need to be persuaded to do the right thing. PM me f you need more, I have extensive experience getting builders to do what they are supposed to do, just part of the job.

The 3rd recomendation? Don't stress, you will win, step by step, you will amke them do the right thing, when they have no other choice!
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Old 05-01-2007, 08:27 AM
 
93 posts, read 393,433 times
Reputation: 24
Mind if I add one more thing to that??? Ok....good. *** DON'T GIVE UP! ***
Alot of unhappy neighbors have shared their horror stories with me only to just throw in the towel and give up. Believe me, just like insurance adjusters, the builder hopes (sometimes in vein) that a homeowner will give up, too. So many of my neighbors have just given up their fights just to save their sanity. While that is very important, what's wrong...is wrong. It may take awhile, but, if you're persistent, it will pay off. As far as the letter goes...that's exactly true. I had to do that with a previous builder and it got my builder's attention and immediate resolution. Another tool for you is to also use the Home Builders Association (or whatever your state uses) to report your issue. Every state has it's own name for this dept. In GA, it's "Home Builders Association of GA", in Arizona (where I moved from) it was the "Registrar of Contractors". Builders do NOT want to have negative reports with these agencies. That's a great tool for you to use if they refuse to rectify your problems. Best of luck. I know it's a headache....but...you should see results soon.
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Old 05-01-2007, 12:06 PM
 
Location: Wantagh to Waxhaw
536 posts, read 1,692,958 times
Reputation: 165
Default DANGER Will Robinson!

It is always useful to say this is a "DANGEROUS" situation, and needs Immediate attention! You could say, your childs playing in your backyard slipped and fell, and luckily did not need medical attention this time!
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Old 05-01-2007, 01:14 PM
 
93 posts, read 393,433 times
Reputation: 24
Quote:
Originally Posted by Keith "Baby-Face" Lutz View Post
It is always useful to say this is a "DANGEROUS" situation, and needs Immediate attention! You could say, your childs playing in your backyard slipped and fell, and luckily did not need medical attention this time!
I tried that on my drainage issue. The regional manager at the time addmitted in front of a county engineer that it was, in fact, dangerous, but, refused to rectify the problem. We got into a slightly heated arguement standing on the edge of this drainage area and the manager blatantly refused to do anything to make it 'safe', citing it wasn't their responsibility.

While I did not get the results I wanted for safety, currently, the situation is under 'control'. Now, whether or not the drainage holds and doesn't cave in anymore is a wait-and-see issue. To date, this drainage issue has been 'addressed' a total of 5 times. I've lived here less than two years. The builder still did not 'fix' it the way the county told them it was to be fixed. The builder took the 'cheap' way out and did it 'their' way. (not surprising) So, we're watching to see if this last 'fix' holds up. So far, it's held up for about 7 months. Having said that, we're in a drought. If and when the rains start up again.....we'll see if it holds up.
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