Complaints

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• Initial Complaint

  Date:12/08/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  dave onofrio took 5000 for work that was not done, no engineer or architect
  was hired, no permit was obtained from zoning and
  no
  evidence receipts itemized statements were provided. contract was cancelled within the correct time period. did not proceed with build and deserve refund

  Business Response

  Date: 01/09/2024

  Attached you will see a copy of the contract.   The customer was told that this $5,000 would be put towards the cost of building the home IF she proceeded.   She did not,  but the research and leg work to determine if this was a buildable lot was completed, which is what the $5,000 covered.   

   

  Her attorney reached out to us,  but dropped the case after seeing the contract. 

   

  Please let me know if you have any other questions or concerns.

  Customer Answer

  Date: 06/20/2024

  The response from the Onofrio Total Construction is a total lie. There is no evidence receipts itemized times dates contacts of work done. David Onofrio or the company  is not licensed per the Dept of Consumer Protection website- he is a real estate salesperson not builder. The town hall has no records of David Onofrio going there to make inquiries. He stole 5000 took the money and ran without doing any of the work in the contract. No engineer architect, permit. David did not know what times he went to see anyone between 11-28 nd Dec 7 and nowhere does it state that the contract was not nonrefundable. The contract violates legal standard bar contract and is written on a crossed out notice of cancellation form on the bottom. Under the Unfair Trade Practice Act, the contract was not a legal paper was deceptive with the intent to steal money.  No references were provided of past work. He also scammed **** ****** another person who was harmed. Construction did not proceed nor did the land lot purchase. Monies are due back and refunded asap. David Onofrio does not have a lawyer and did not have a lawyer in Nov 28 23-Dec 7 2023. The deceptive and corrupt thief tactics he uses to loop people into thinking he is builder who just steals money and pretends to do the work is illegal and punishable by law.

   

  Ms. ***** states that she was assured by Mr. David Onofrio that the Five Thousand Dollar payment would be refunded in the event the project did not proceed.  This was a verbal representation.

   

  Mr. Onofrio indicated he went to the town of ****** and spoke to officials in Building and Zoning and assured Ms. ***** the project could proceed.  It is important to note that no applications for permits had been filed, architect retained, plans drawn or specifications created.

   

  Ms. *****, after considering a number of factors including cost to construct, condition of the lot including potential buried oil tanks and remaining foundation, additional costs to complete the project Ms. ***** decided to cancel the transaction.

   

  Ms. ***** gave timely notice to ******* ****** *********** *** that she had elected to cancel her contract to purchase *** **** ******* the lot.  She also gave timely notice to Onofrio’s Total Construction, LLC that she was cancelling her agreement to construct a new home.

   

  Although demand has been made on Onofrio Total Home Construction for the return of funds, deposit of five thousand dollars, previously paid Onofrio Total Construction LLC has failed to do so.

   

  Ms. ***** after further consideration has advised me she would prefer to proceed through small claims.  I don’t know if you would bring a claim in small claims.  I was originally considering potential claim under unfair Trade Practices Act due to failure of Onofrio’s Total Construction to provide required disclosures under Connecticut Law.  In addition, you will note the proposed agreement lacked essential details concerning the home to be built.

  Business Response

  Date: 06/20/2024

  Ms.***** has filed a complaint with DCP about this situation and they determined there was no merit to her complaint. 

  Ms.***** then filed a case in small claims which the judge also confirmed no merit to her complaint. Which attached is the final decision. 

  it's clear ms.  ***** has no understanding of the industry, but this is becoming harassment now.