Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:10/04/2023

  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.

  Dear sir:My mother, *******************************, was a resident in the memory care unit of Brookside Commerce assisted living facility. She was admitted in September of 2022. We were self paying and did not go through **************** or insurance. At the time of admission we were required to put down a $3,600 security deposit and payment for the remainder of September was prorated.On August 6, 2023 she passed away. The facility refunded approximately $2,100. Per the contract we signed there was a $1,500 non refundable fee.My issue is they will not return the balance of the August payment. There are two conflicting statements in the signed agreement. On page 10 the agreement states there are no refunds. On page 45 the agreement states refunds are prorated based on a 30 day month. I spoke to someone in the **************** office who informed me that span billing for ******** and insurance is not permitted.It seems immoral and unethical for a business to treat self paying patients differently especially when they pay in advance.Any assistance you can provide would be greatly appreciated.Sincerely,*****************************

  Business Response

  Date: 10/23/2023

  The customer correctly stated, this customer was not part of ******** and our community does not accept or participate in ********. As such, inquiring or referencing ******** billing policies are irrelevant. If they wished to play by the ******** rules, they were welcome to reside in a ******** community. They selected our private pay community and are therefore subject to our private pay Residency Agreement which states specifically: "No refunds shall be given upon a resident's illness, hospitalization, death, or move out." (see attached for the initialed copy of this page).

  Additionally, the customer references a page which only applies to individuals leaving voluntarily with a 30-day notice. In full, the 2 sentences the customer is referencing state: "It is requested that a 30-day notice be given to the management as early as possible when intending to vacate. All advance payments will be refunded from the date of vacancy." To give an example: If an individual provides a 30-day notice to vacate on September 15, their full rent for the month of October is due October 1. Assuming they vacate by October 15, we would then refund the balance of October since this individual provided 30-days notice. This individual did not "intend to vacate" or provide any notice, as by his own admission, his mother unfortunately passed away.

  The customer stated in its complaint that his mother "passed away". As such, it is very clear that the contractual agreement states: "No refunds shall be given upon a resident's...death..." shall apply.

  The customer's frivolous complaint should be dropped immediately. We continue to reserve all rights with regard to time and resources required to respond to this individual's frivolous conduct. 

  Customer Answer

  Date: 10/25/2023

   
  Complaint: 20695943
  
  I am rejecting this response because:

  The agreement has contradictory statements and is misleading. It was signed by an elderly person who is not an attorney and the terms were not clearly explained.

  It is immoral and unethical not to refund services not received. She passed away in the beginning of the month. Approximately 80% of the August payment is unearned.
  
  Sincerely,
  
  *****************************