Public Mediation

Eastwood Homes Dispute

J. P. vs. Eastwood Homes Llc
2857 Westport Road, Charlotte, North Carolina, 28208-3647 , United States
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Statement of Claim
Claimant says:
"To Whom It May Concern:
We are exhausting every avenue in strong hopes of finding a resolution to the insurmountable issues we continue to face as a result of purchasing a home from Charlotte-based builder, Eastwood Homes.
We have listed in bullet point form the major issues we are currently facing. We have then elaborated in detail on each issue below:
 Missing Taexx Pest Defense System (listed & paid for in our contract, but not installed in the home)
 White substance throughout hardware floors
 Refrigerator delivered was not the refrigerator agreed upon on the change order
 Broken cabinets (Literally falling off the wall)
 Missing smart panel
 Locked out of our home after discovering none of our four keys opened our door
 Two different colors of grout in master bathroom
 **Fireplace Hearth Disaster**
 **Clogged Drain resulting in Water Damage**
 Consistent missed appointments with no explanation resulting in over a week of missed work with no resolution
 Blatant lies and multiple stories from numerous Eastwood employees
 Cracked shower in upstairs guest bathroom
Our issues with Eastwood began early on as what proved to be a foreshadowing of major problems to come. Our first interaction with Eastwood started when Barry Ryalls (Covington at Lake Norman new home specialist) showed us a home that was in the late stages of being built. Mostly everything was completed except for the hardwood floors and we fell in love with it immediately. During our tour, Barry made sure to point out the upgrades as well as some of the convenient features that were built into the house. One of these features Barry highlighted was the pest control system, Taexx. Many of the homes we previously toured while trying to find the perfect house were equipped with the Taexx system and we were very fond of this feature. After negotiating an offer which included change orders for blinds and an upgraded stainless steel refrigerator, we signed the contract. The contract specifically stated the Taexx system was built into this home and Barry made sure to mention this again during the process of signing the contract.
A few weeks later, we completed the initial walkthrough with our realtor and Scott Marshall (Eastwood builder). We found quite a few issues with the home, but were confident there was ample time to fix everything before our move in date. As we were finishing up our walkthrough, our realtor noticed that no Taexx box was visible. After a couple laps around the house with Scott, it was discovered there was actually no Taexx system installed in the home. We were told Eastwood would look into this issue and come up with a satisfactory solution.
After a few days and numerous calls to Eastwood to check on the status of this issue, we were offered three (3) years of prepaid pest control service with Home Team Pest Defense (and only Home Team Pest Defense). We discussed this with our realtor and found the offer to be insulting. During the extended time it took Eastwood to come up with this offer, we contacted Home Team Pest Defense and inquired about the cost of putting the Taexx system into a home. We gave them the specs and square footage of our home and were given a figure of $1,500. This includes installation of the Taexx system as well as a year free of pest control. Given the fact that the Taexx system was included in our contract and the price of our home, we countered Eastwood and explained we would like $1,500 as a resolution to the problem. Not only was the Taexx system a selling point in our consideration to purchase the home, we are now the only house in the entire community without it. Given these facts, we were confident our counter was extremely reasonable and would be accepted with no issue.
After informing our realtor of our counter offer, she spoke with Bryan DeGabrielle (Eastwood Vice President of Sales) and was immediately met with hostility. She was told if we were unwilling to take the three years of Home Team pest control, Eastwood “would not have to sell us the home.” He further stated this was a “pest control issue” and not a “monetary issue.” Our realtor attempted to explain that because this system was included in the price of the home, it was very much a monetary issue. She went on to clarify that Eastwood’s offer only extended to the use of Home Team Pest Defense and did not even allow us to choose our own company. She was again met with Bryan’s “take it or leave it” response. After conferring with us, she informed Bryan we would be seeking legal remedy and Bryan told her he would “take his chances” in this regard.
Against our better judgment and despite the warning signs, we decided to proceed with closing. An extra document was added to our closing packet stating that closing on the home would not disallow us from seeking legal action in the future regarding the absence of the Taexx system.
Prior to our closing appointment, we met Scott for the final walkthrough. We were extremely dismayed to see many of the issues we identified in the initial walkthrough had not even been addressed. In addition, most of the hardwood in the hallway, living room and kitchen area had a white “film-like” substance smeared on them. We instantly pointed this out to Scott and contacted him again directly after move-in to follow up. After numerous days of unanswered calls and text messages, Mark (Eastwood building supervisor and Scott’s boss) finally arrived at our home accompanied by his superior, Jason Cochran (Vice President of Construction). Immediately upon entering our home, Mark became aggressive and hostile. With each issue we pointed out, Mark grew more angry and antagonistic. He stated many of the concerns we voiced were “absolutely not” going to be fixed by Eastwood and that the white substance on our floors was nothing more than dry wall that we needed to clean. After attempting to explain we had cleaned the floors many times to no avail, we finally convinced Jason to schedule an appointment with the flooring company. We also explained that due to this issue, we had been unable to have our living room furniture delivered and as a result had nowhere to sit downstairs. Nearing the end of this same conversation with Mark and Jason, Mark’s demeanor became so abrasive that we were forced to ask him to leave our home. We stated going forward that we felt more comfortable dealing directly with Scott and Jason.
When the flooring company finally arrived to inspect the floors, they proceeded to spot clean the white substance and left shortly after. Within an hour of their departure, the white substance returned and was more noticeable than ever. We again contacted Scott and grew extremely frustrated when numerous appointments were ignored, missed and rescheduled. Weeks after moving in, the hardwood floor representative finally arrived to inspect the floors. He stated the white substance was actually the glue used to adhere the floors to the concrete. He used an acetone product to remove the glue and almost all the white material was cleaned. Not counting the walkthrough, it took four different visits to obtain a somewhat satisfactory result, which does not account for the numerous missed appointments with no communication from Scott or Jason.
During our initial walkthrough, we were informed the upgraded refrigerator we contracted for would not arrive before Monday, June 8th (we closed on the 5th). While this was not ideal as we would be without a refrigerator for a few days after moving in, we were willing to deal with this inconvenience because we understood the upgrade needed to be ordered. Unfortunately, when the refrigerator finally arrived, we were shocked to see the end result. While we were promised an upgraded side by side stainless steel refrigerator with the freezer located on the bottom, this is not what we received. As soon as the refrigerator was unwrapped, we immediately called Scott to address the issue. We explained the upgraded refrigerator was included in our contract and were informed that nothing could be done as this refrigerator was the one that was ordered. We then contacted Bryan DeGabrielle in hopes of finding a resolution. We explained the refrigerator we received was not the one we were promised by Barry, Eastwood’s sales agent. Bryan stated that because he was not present at our appointment, he could not attest to what Barry promised us. He also stated the change order Barry completed was not specific enough to indicate which stainless steel fridge we should receive, so he would not approve a delivery of the correct refrigerator. Of course, we had no way of knowing how the information should have been communicated on the change order, and standard operating procedure for Eastwood is always to place blame and responsibility on the consumer.
Another problem area involves the kitchen cabinets. During our initial walkthrough, it was noticed that one kitchen cabinet was completely broken. Scott stated he was ordering a replacement cabinet and hoped to have it by the time we closed. Unfortunately, just like refrigerator, this did not occur. When the replacement cabinets from the initial walkthrough finally arrived, we informed the cabinet company we had two additional broken cabinets as a result of missing hinges they neglected to install. Three weeks later, Scott stated the cabinets had arrived and he was searching for someone to install them. A few days after that, Scott stated the cabinets had actually NOT arrived and would not be in for an additional two weeks. When we questioned this issue, it was explained that the cabinets we were promised had never even been ordered. Each day we grow more concerned that our broken cabinets will never be replaced.
A few days after moving into our home, AT&T arrived to install our internet and phone. After a thorough search of the house, it was discovered a smart panel was never installed. This is yet another feature we specifically inquired about and were promised was included in our home. Because our house is not equipped with a smart panel, our options are extremely limited as to where a modem can be placed. Our only two viable options are in the master bedroom and the kitchen. In addition, because of the absence of a smart panel, AT&T is unable to provide us with cable because we require service on more than two televisions. Once again, because of Eastwood’s inability to install a standard feature in our home, our options are limited through no fault of our own.
After receiving our house keys late Friday night, we began moving into our home early Saturday morning. Because we were carrying large items, we chose to enter our house through the garage using our garage door openers. The interior garage door had been left unlocked, rendering it unnecessary to use our house keys at that time. This is critical to note because it was not until one us became locked out of the house that it was discovered that none of our four keys unlocked the door. Not only was this an inconvenience, but a safety issue as well. When we called to inform Scott of this issue on Monday, he told us they would arrive at our house Thursday to fix the problem. When Scott arrived to fix the lock, we discovered he had installed it backwards rendering our keys ineffective.

During our final walkthrough, as soon as we entered the bathroom, we immediately noticed the grout located near the replaced/repaired tiles was a completely different color than the original grout. We called Scott’s attention to it and were told the grout takes time to cure and that it would lighten up to the same color as the original. This concept sounded strange to us, but we deferred to Scott as the professional. Two weeks later, the grout color remained the same and we began contacting Eastwood to rectify the problem. During the same aforementioned visit with Jason and Mark, Jason stated the information we received was incorrect and that grout will actually darken as it cures. Five weeks after moving in, the bathroom is still not complete. Eastwood’s vendor arrived on Friday to replace the grout; however, they did not bring all the necessary equipment and did not complete the project. They informed us they would return “sometime next week” to finish the job, but could not quote a specific day or time. In addition to the grout, we also discovered the shower door was a completely different color than the rest of the shower. As a result, the shower had leaked on both sides leaving water marks on each wall. When we pointed out the fact that the door was approximately 4-5 inches from the top seal, Scott explained to us that this was completely normal when it was clear the wrong door had been installed. This is yet another example in a growing list of inaccurate statements Scott has made to us. Although we were able to finally convince Eastwood to replace the door, the water stains still remain on both walls directly outside of the shower.
During our walkthrough, we brought Scott’s attention to the fact that the fireplace hearth was unstable. Scott stated it was normal for a hearth to rock back and forth and this should not create any future problems. Again, we felt uneasy with this answer and kept an eye on this issue. During the visit with Mark and Jason, we again voiced our concerns regarding the hearth. Jason informed us this was NOT normal and if not corrected would cause the hearth to crack. Again, after numerous unanswered phone calls, text messages, e-mails, and unexplained missed appointments, Scott finally made arrangements for the hearth to be repaired. During the first visit from the fireplace company, they determined the hearth was warped and needed to be replaced. During the second visit, the hearth was replaced only to immediately determine that the hearth was not the issue, but rather the concrete foundation. Scott informed us the only way Eastwood would “fix” this problem was to place painted black shoe molding around the hearth as seen in some of their “upgraded” models. As soon as we heard the word “upgrade,” we knew we were in serious trouble. Eastwood loves to throw around the term “upgrade” in an attempt to convince homeowners to accept how Eastwood wants to fix an issue versus what the homeowner actually wants. Our fireplace is the PERFECT example of this. Both Scott and Mark wasted ample time (that could have been spent fixing the fireplace) trying to convince us that we would like this “upgrade.” When asked why they could not make the hearth level, they informed us that it WAS possible to do so by grinding the concrete, but that Eastwood would NOT be willing to do this. Mark’s exact words regarding the shoe molding around the hearth were “this is the only way Eastwood is going to fix it.” A construction worker entered our home at 7 am and proceeded to glue pieces of wood under the hearth, raising it far above our hardwood floor. This occurred after it was communicated to us that we would be shown the final product before it became permanent. We voiced our concerns numerous times and our desires to have the hearth look exactly how it did when we purchased the home (minus the instability). Eastwood has continued to move forward with the process, exhibiting blatant disregard for our requests. We are in disbelief that Eastwood has made permanent decisions regarding a plan we so adamantly objected to and feel helpless as to where to go from here.
Five weeks after moving into our home, we discovered a leak in the wall between the master bedroom closet and laundry room. Due to the location of the leak, we only stumbled upon it when we walked onto soaking wet carpet in the bedroom closet. We immediately called Scott to inform him of the leak and troubleshoot what could have caused the problem. After explaining the facts, Scott stated it sounded like a clogged pipe and he would have a plumber at our home Friday morning. After the plumber arrived, he began working to attempt to diagnose the source of the leak. He ran the washing machine and examined the master bathroom tub. At this point, Scott arrived at our home and proceeded to cut a hole approximately five feet tall by three feet wide in our master bedroom closet. We immediately discovered standing water inside this wall which substantiated our original speculation of a clogged drain. During this process, we requested to be notified when the plumber started to “snake” the drain to ensure we saw everything that was trapped inside. Scott informed us he was “taking a phone call” and stepped out of the home. When Scott finally returned, he stated “the plumber just snaked the drain and nothing was clogged.” We were floored when we realized we had been deceived and had missed the opportunity to view the debris in our pipe. Due to Eastwood’s common practice of using our bathtubs as trash bins during the building process, it is extremely likely our drain was clogged as a result of construction debris. In fact, we currently have a cracked wall in the bathtub due to an Eastwood worker carelessly throwing debris into it. When we consulted with the plumber (an employee of Eastwood) regarding his final diagnosis, he stated he could not make a specific determination as to what caused the leak. Scott stated Eastwood would bring fans to our home to begin drying the walls and in the meantime he would call Jason to decide on the next steps. Scott left our home at 10:35 am, and did not return until 4 pm. He did not answer our phone calls or text messages during the time he was away from our home. We also reached out to Jason during this time and received no response. At 4 pm, our doorbell rang and Scott and Mark walked inside. Immediately upon entering our home, Mark again exhibited the same behavior that made us extremely uncomfortable a few weeks prior. He stated that because the plumber, an Eastwood employee, could not definitively determine what caused the leak, it was our responsibility to remedy the situation. He went on to say Eastwood would not be providing fans or support of any kind. By the time this occurred, it was after 5 pm on a Friday afternoon. We immediately contacted an emergency company specializing in water damage. They arrived at our home around 7:30 pm and were shocked to hear Eastwood refused to provide us with fans. Due to the time of day we contacted them, we were forced to pay overtime which resulted in significantly higher costs. In addition, we now have a massive hole in our closet wall courtesy of Eastwood.
During the conversation with Mark and Scott on Friday, Mark unknowingly made a statement regarding a prior “moisture issue” in the house. When Barry originally showed us the house, he informed us that the workers had not finished laying the flooring. This information was discovered to be a blatant lie. Eastwood had completed the installation of the hardwood floor, but then was forced to rip it up when they encountered a moisture problem on the concrete slab. We contacted Bryan DeGabrielle and requested all documentation regarding how the moisture issue was resolved. Our request was ignored and now we are tremendously concerned our house may have additional issues associated with Eastwood’s negligence.
When we first began our search for the perfect home, we were extremely energized and filled with hope. We had never purchased a home before and the prospect of becoming homeowners was such an exciting thought. Our realtor was a prior employee of Eastwood Homes and no one can miss the massive billboards throughout Charlotte indicating Eastwood was awarded “Builder of the Year.” We felt confident we were making the right decision by purchasing an Eastwood Home and would never have imagined the nightmare that awaited us. It has been about two months since we signed the paperwork, and it truly feels like an eternity. The issues we highlighted are far from the only problems we encountered with Eastwood and our home, but we just wanted to touch on the main areas of concern. We have nowhere else to turn. Our phone calls, e-mails, and text messages go unanswered. We were forced to spend an additional $1,000 to place fans in our home to attempt to rectify a problem that was clearly caused from Eastwood’s negligence. These fans have been running in our home for three days straight to ensure all the water dries from our walls and carpet. We cannot afford any additional unexpected costs that were incurred through no fault of our own. Our fireplace is a disaster, our cabinet is literally falling off the wall, and five weeks after moving in we are still unable to use our bathroom and living room. We have tried everything. We have contacted every employee of Eastwood we could find. We have contacted the Better Business Bureau, but typically it takes months to see any results from a complaint. When we purchased this home, our intention was to settle in and start a family. Since dealing with Eastwood, the stress has become unbearable. We have taken off well over a week of work to be home for set appointments, only to have no one ever show. We never receive any notification they will not make the appointment and Eastwood does not even afford us the courtesy of answering our calls, text messages, and e-mails. We have made every effort to be as flexible as needed hoping that if we cooperated in every way possible, the nightmare might end sooner. Unfortunately, attempting to be accommodating has only worsened our cause. At our final walkthrough, we expressed our concerns that if we continued with the closing process, we would never have the pending issues addressed. Scott informed us that even though he could not “document” on paper the issues we found at closing, he could assure us they would be addressed. Unfortunately due to the fact that we were first time home buyers, we were unaware this was an inaccurate statement and agreed to continue with closing. Since that time, none of our known issues have been resolved.
We feel as if we have done everything in our power to attempt to remedy the situation. As the consumer, we feel completely taken advantage of and totally helpless. Our builder will not respond or answer our inquiries. Even during the few times they have visited our home, they have not fully resolved a single major area of concern.
Thank you for your consideration,
Joshua and Mary Beth Parrott
Josh’s Cell: 704-299-535
Josh’s E-mail:

Mary Beth’s Cell: 843-421-5059
Mary Beth’s E-mail:;"
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What Claimant Wants Hide
Just make me happy!
Claimant invites Eastwood Homes Llc to make a fair offer.
1. Other – Copy claim to regulators Jul 30, 2015 $14.99
2. Other – Pay for claim posting cost Jul 30, 2015 $7.99
3. Other – Physical delivery charges Jul 30, 2015 $2.99
Cash total : TBD
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Respondent's Counteroffer

There has been no response to this claim from Eastwood Homes Llc. This claim will remain posted until resolved
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  • Comment: by Sonya Shore (413 points) — Mediation Student. Disputes Shouldn't End Up In Either Court Or Acrimony.
  • On: 06-27-2016
  • It sounds like Eastwood Homes managed to turn what should have been one of the best days of your life (closing on your new home) into a little nightmare. I worked as a Realtor and I occasionally experienced this kind of 'sales' team and crew.  Any time it happened, I always pulled the buyer out because in my experience, if they can't work through those issues and basically don't give a toss, things are only going to get worse.

    I see that this complaint is almost a year old so I hope everything has been worked out with Eastwood Homes and you are happy now in your home.

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