Complaints

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• Initial Complaint

  Date:11/29/2024

  Type:Product 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.

  We chose Avalon as our builder based on our 2/16/2024, turnkey estimate of $627,000. On 2/26/2024 Avalon had us sign a preliminary agreement and make a non-refundable $3,000 deposit to start the preliminary plans. The preliminary drawings were done and we were happy with them. On 4/11/2024 Avalon sent an invoice for a second $3,000 deposit for engineered plans. We sent over the second deposit but requested to wait on engineered plans until we received an updated estimate. Avalon cashed that check on 4/19/2024 without our signed approval to move forward to engineered plans. On 6/19/2024 our estimate was increased by over $100,000. **** informed us that the vaulted ceilings, oversized modules and new energy standards increased the price significantly. However, all of these features were part of the original plan and were listed in the estimate we received on 2/16/2024, prior to signing the preliminary agreement. We made no changes to the size of the home or the vaulted area of the model that is listed on the Avalon website, meaning we were given an inaccurate estimate before signing the agreement. We feel that we were given a low ball estimate in order to entice us to sign the preliminary agreement and commit to the non-refundable $6,000 deposit. We understand that the preliminary plans took time and money to create so we are not requesting the first deposit back. However, our engineered drawings were never done and we are not able to move forward with them, as the project is now out of budget. We sent two emails on 08/12/2024 & 09/05/2024 requesting our second deposit back - to which we got no response. We sent a certified letter that was received by Avalon on 10/23/2024 requesting our second $3,000 deposit back within 30 days. They responded via email that the deposit was non-refundable. We feel that we were taken advantage of and made to sign a non-refundable agreement on false pretenses and request our second $3,000 deposit be returned.

  

  Business Response

  Date: 12/04/2024

  Dear BBB,
  
  This is in response to the claim by ******** ***** dated 11/29/2024
  ******** signed our preliminary agreement on 2/23/24 which is attached and states that all deposits were non-refundable.  
  She paid the first installment of $3,000 for preliminary architectural plans on 3/11/24 based on our Brookfield model (which does not include vaulted ceilings but an open to below with a flat ceiling on the 2nd floor as shown in the link below).

  
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   Avalon had also provided her with a preliminary ballpark turnkey estimate but she had not hired a site engineer yet.  We used a reasonable estimate allowance since the scope of the site work was unknown.
   Once this deposit was paid, she decided to make extensive changes to our Brookfield plan including adding vaulted ceilingswhich are a significant feature with structural / finish impacts, and other more expensive finish items like painted maple cabinets, vinyl plank flooring,upgraded siding, taller 1st floor ceilings, and upgraded windows.   These changes substantially raised the price even though we tried to convince her to stay with the 2nd floor ceiling as shown on our model drawings (we now believe that she didnt understand the drawings on our website that showed a flat ceiling on the 2nd floor with a balcony).  
   We returned the preliminary drawings to her with a revised estimate, and she made some more slight changes.   On April 18, 2024, she made a separate and distinct payment authorizing us to move forward with engineered plans.  We only did so based on her communications and paying us to move forward as stated in the original agreement that she signed.    She communicated in several e-mails about her eagerness to move forward and asked for additional changes.  Her payment and these communications clearly indicated her agreement to have this work done, which we also had to pay our factory engineers for. 
  
   We also received the site drawings done by her engineer and the work shown on the drawings significantly changed as well.  Her engineer showed that we had to bring in 48 of fill to raise the grade around the entire house.  This was a huge surprise and added even more to the project cost.  Ms. ***** later decided based on our advice to change the grade but then she decided to add a walkout basement with a patio, which also significantly increased the projects cost again.  This was not Avalons responsibility, and we tried our best to offer solutions to reduce costs, but she decided that she did not want to omit her upgrades.
  
  We will not be issuing a refund since it is stated in the contract that she signed our agreement stating that the engineering deposit is non-refundable, and she made that payment after agreeing to the changes that were made to her original drawings.
  We remain ready, willing, and able to work with ******** if she decides to move forward and give her a full credit for the amounts she had paid.
  
   **** ********
  Avalon Building Systems,
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  P: ************
  F: ************
  **************************************************************
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  Customer Answer

  Date: 12/04/2024

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********. Please add your rejection comments below; if you do not provide any details, your complaint will be closed as Answered. 

  We appreciate the response from Avalon. However, it is incorrect that we made changes to the vaulted area from the original Brookfield plan that is on Avalon's website. Per the plan link provided by Avalon in the complaint response, the description of the Brookfield model is:

  "The Brookfield is a cape style plan which offers a large living area with a garage and
  optional bonus room above. The plan includes a master suite on the first floor with a large master bathroom. It has a dining room and family room with VAULTED CEILINGS. The optional second floor includes two additional bedrooms and a bathroom." 

  As we stated before, our original turnkey estimate listed "vaulted open areas" in the estimate, so we assumed this would have been accurate. 

  As far as feature upgrades, we did increase the first floor ceilings to 9ft and considered black windows (which we ultimately decided not to do).  However, we also downgraded many features from the original turnkey estimate included "upgraded features" - such as removing most of the kitchen (to be done by a private contractor), downgrading a full bath to a half bath, and choosing lower grade finishes (hollow core doors, vinyl vs wood flooring, lower grade siding). We specifically mentioned in an email to Avalon that we would like to prioritize structural features instead of cosmetic ones and that we were willing to cut costs on almost any cosmetic features. We only switched to the walkout basment, as Avalon had suggested that would be a cheaper option, as we could avoid needing excess fill.

  We did not receive an updated estimate for our preliminary plans before we sent in our engineered plan deposit, which is why we explicitly stated we would like to wait on moving forward until we receive an updated estimate. We did not receive that updated estimate until June 19, 2024. 

  To our knowledge, Avalon did not proceed with engineered drawings. We never signed and approved preliminary plans and never received the engineered drawings that we sent in the deposit for. If the engineered drawings were not done, we feel we should be refunded that deposit. 

  This complaint, again, comes down to the inaccurate estimate we were given before signing the preliminary agreement. Avalon is claiming that we added the vaulted ceilings to the home which created expensive increases in the structural work. However, that is simply not true, as can be seen in the description of the plan on their website. The vaulted ceilings were always part of the plan, and why we chose it to begin with. It was negligence on Avalon's part for not including them in our original estimate. We would not have signed the agreement had our estimate been accurate. Avalon's lack of clarity and communication during this process has been extremely disappointing, as we were very eager to build this home with them and feel like we were taken advantage of as first time home builders. 

  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ
  
  Regards,

  ********

   

   

  

  Business Response

  Date: 12/13/2024

  Please accept this email in reply to ******** ****** response to our claim.
  
  The most important point is that the client signed and agreed to our preliminary agreement which called for 2 non-refundable payments for the factorys drawings. 
  
  Their first payment was made for the preliminary house plans which they received and reviewed.  The client decided to make additional design changes and many finish specifications changes and upgrades including windows, cabinets, moldings, and a vaulted area that went all the way to the peak of the roof, which was extensively different and more expensive.
  
  We made it very clear to the client that our Brookfield model, that they were interested in, had a balcony on the 2nd floor that overlooked the living area and it was vaulted from the first floor to the ceiling of the 2nd floor (a flat ceiling).  The client requested that the ceiling be vaulted all the way to the rafters, like in a cathedral. They said that their parents friends were building a home that had them, and they liked them.  We explained that this was different and much more costly to provide for the factory and also to finish in the field.  This added an aggregate of over $35,000 to the price on the project to provide and finish this area the way they wanted, including staging and lots of work in the field.  If the original plan was used, it would have come finished by the factory with no additional field costs.  This is an exercise in semantics, and this was explained several times. 
  
  They approved of the design and pricing, and then they paid Avalon a 2nd separate payment to move forward to the engineered drawing phase, which we completed.
  
  While these drawings were being completed, the client had their site engineering done and secured a price for the sitework on their project.  This work was very expensive, and they had to import 48 of fill onto the site.  They decided that the aggregate cost to build was too much for them. Avalon made many suggestions to them about ways to reduce the sitework and building costs, but they refused to concede any items.
  
  Again, we remain committed to provide the client with their building and we happy to credit them the non-refundable fee that they agreed to and paid for if they move forward to build.
  
  Thank you for your cooperation in this matter.
  
  Sincerely;
  
  **** ********

  
  Avalon Building Systems,

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  P: ************
  F: ************
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  Customer Answer

  Date: 12/18/2024

  Better Business Bureau:I have reviewed the response submitted by the business and have determined that the response does not satisfy or resolve my issues and/or concerns in reference to complaint # ********.

  We would like to make it clear that we value the time and work Avalon put into our preliminary drawings and we do acknowledge that we signed the preliminary agreement. However, we signed the preliminary agreement with the understanding that we were given an accurate estimate and that was not the case. Had we been given an accurate estimate we would not have signed the agreement, as we would have realized that the home was out of our budget. 
  
  I'm unsure if **** has us confused with other clients, we did not request any changes to the original vaulted ceilings. At no point did we mention "cathedral ceilings" or that we wanted it to go "to the rafters". Our parents do not have friends who built a house with cathedral ceilings - so I am unsure where this comment came from. I have reviewed all of my email communications with **** to confirm, and at no point did we request this nor did he discuss the differences between types of vaults. The only discussion of the ceiling we had prior to our first preliminary drawing was in an email on 2/14/24 in which **** suggested converting the home from a cape to a colonial. We expressed that we would be interested in exploring all options, as long as the living room and dining room could remain "open to below". **** responded that it was possible to keep the open to below but that a full second floor would "cost almost the same". We opted to keep the "open  to below" concept as it was one of the reasons we chose the "Brookfield" model and we didn't feel we needed an additional room upstairs. Since the very first preliminary drawing that we received on 3/4/24 the vaulted area was described as "panelized vault", which we assumed was the type of vaulted ceiling that was included in the original plan estimate.
  
  **** claims that we approved the design and pricing before sending in our 2nd $3,000 deposit.  We explicitly stated in an email to both **** and ******* that we were sending in the deposit but would like to wait to move to engineering until we received and approved our updated estimate. In hindsight we should not have sent in the deposit early, but we were eager to move the process along and trusted the guidance we had received in terms of staying on budget. The check was prematurely cashed before we had sent in a signed, approved plan for engineered drawings. **** has claimed that they completed our engineered drawings. If this is the case, we are not aware which plans were sent to engineered drawings, nor did we receive a copy of the finished plans. We request that Avalon prove that they completed our engineered plans prior to 8/12/24. 
  
  As stated before, we respect the work that both Avalon and the factory have done, but we wholeheartedly believe that our engineered plans have not been completed and that we are entitled to a refund. We understand that mistakes happen and can recognize that Avalon made a mistake in our original estimate by not including the vaulted ceilings, oversized modules and the updated energy standards . We do not fault Avalon for this, but due to the inaccuracy of the original estimate, we are unfortunately unable to move forward with this home, as it is not in our budget. The changes **** suggested included completely changing the floor plans to different models and/or styles of homes, which we are not willing to do. We signed the preliminary agreement and made deposits for the plan based on the Brookfield model and that is the home we intended to build. 
  
  We understand that Avalon is ready and willing to move forward if we decide to build, however, due to their mistake in underquoting our original estimate, it is not feasible for us to move forward with building. Thus, we are still requesting our 2nd $3,000 deposit be refunded, since we never approved or received engineered plans.
  
  
  Sincerely, 
  ******** *****
  & ***** *******
  
  Businesses and Customers should be civil, courteous and polite in their responses to complaints. It is important to remain professional and productive when participating in the BBB complaint process.
  
  FAQ