Mattamy gives unethical sale – CountryWide gives a free car – you choose

If you have been following the Mattamy Homes debacle in Ottawa through the “Mattamy Fairwinds Kanata Phase 5 Delay Blog”  you will have read the following:  “As a consumer I have greater protection when buying a thirty thousand dollar car than I do when buying a three hundered thousand dollar home. It is time home buyers where afforded reasonable protection within the province of Ontario.”

Well, it seems at least one builder has decided to give you that car protection by throwing in, yes, throwing in a brand new car (KIA) with warranty if you purchase one of their homes fully loaded with upgrades (standard).  CountryWide homes , whom I really can’t comment on regarding their service and quality as I have no experience with them, has decided to give potential buyers something of true value to entice them to buy a home.  In the October 2nd, 2008 Toronto Star on page HC 8 there is an add that refers you to a website for further information. 

And how will Mattamy Homes fight this – donate more to a local politician or actually produce a home on time with quality workmanship.  In lieu of the free car, I think a few Mattamy Home’s owners would settle for just that.  But, I give cudos to CountryWide for coming up with something of a very positive nature to stimulate sales.  It is at least worth a look see.

I wonder if Ford, who has quality and sales problems will offer a new house with the purchase of a SUV.  On the quality issue, Ford and Mattamy would make a beautiful partnership.

Mattamy Homes – Tarion Warranty Program – reality?

In a recent Toronto Star article, they mentioned that the Tarion warranty program was creating a new job to handle customer complaints – Home Buyer Ombudsperson.  Well, I’m glad they are politically correct but one wonders if this organization will really listen to complaints.

 

They mention in the article that people have the perception that the organization is builder dominated.  A visit to the Tarion website (http://www.tarion.com/HOME/) shows that of the 16 directors, 7 appear to be in the building industry and one in land development.  Of the others, some probably have some connection to builders (mortgages, newspapers – advertising, etc).  So, at least 50% is builder oriented. And, the rest – a few were lawyers and some I’m not sure of but, it would have been nice to see at least one house inspector who could bring the practical side to the board of directors.  But, he’s not likely part of the Bay Street ensemble.  I’ve been on a couple of boards of directors and thankfully, they had a diversity of social and life experience installed to give a balanced viewpoint.  I mean, put a bunch of Conrad Black personalities on a board and what will you get?

 

The new CEO of Tarion is on record stating that, “he was considering bringing in an ombudsperson to broker homeowner complaints”.  If he does, then I hope that this person will have some power and not just be a front man for builders.

 

A while ago, there was one complaint brought forward on the warranty plan.  Whenever the homeowner took a shower, water flowed from the tub.  This was due to the fact that the tub was slanted to the outside and shower curtains can’t stop that.  The warranty inspector came and applied his level.  As far as he was concerned, the builder had built the tub within specs.  Too bad the water flowed out of the tub instead of in but, specs are specs.  I mean, common sense just doesn’t fit into warranty plans and specs.  But, he was constructive.  He advised the homeowner, at his own expense, to correct the problem by installing glass doors on the tub.  Yes, that would fix the problem created by the builder, who was within specs.  The Titanic was within specs when she sailed as well.  Too bad the passengers hadn’t brought their own lifeboats.  At least the ship building industry has fixed their interpretations of specs.

 

Bogach felt that the report only focused on a certain group of complaints.  I wish I knew which ones but he was concerned that no builder was interviewed.  Why?  They are only trying to save money by not fixing things or doing things right the first time.  I just wonder what Mattamy Homes would have told Tarion, if they were interviewed by Tarion concerning my illegally (code) wired furnace?  Probably the same thing they told me – it was passed by the Town of Oakville. 

Mattamy Homes and new Tarion Warranty legislation

I read today in the Toronto Star (July 5 – H6) an article by Bob Aaron on closing dates.  Although the closing dates might seem a little long, there were other rules implemented by Tarion Warranty that might have saved me a lot of bother in my situation and you should be fully aware of as they were implemented July 1^st, 2008.

 

Purchase agreements must now disclose the status of the development approvals.  Knowing this would have given me some piece of mind.  I knew the development was being delayed through word of mouth but, having it on the record I believe, protects the buyer and allows you to make an informed decision.  If you know there are already built in delays, you can decide if you want to take a chance on buying and, if you buy, make a better guess on when your old house can be put up for sale.

 

As well, the builder must now deliver a signed municipal occupancy permit to the purchaser on or before the closing dates.  This was one of the items I was asking for in my educational program.  Mattamy Homes did not give me an occupancy permit and I have it on record that one would not have been issued had it been requested.  This only emphasizes that our closing was unethical at the very least and now buyers will be protected from such activities by builders.  Make sure you take full advantage of this new requirement, along with demanding that you be able to hire a house inspector to monitor construction.

 

Previously, I discussed how the Town of Oakville handled my complaint, or should I say, sidetracked it into oblivion.

 

In all fairness, one of the councilors on the committee did ask me if I had I contacted my lawyer about this and if so, why did he do nothing about it?  She obviously saw that Mattamy Homes had been wrong in this transaction.  I had unfortunately relied too much on Mattamy Home’s reputation and the reputation of the Town of Oakville and did not keep my lawyer fully informed on how the closing was developing.  I guess blind faith led me to believe responsible and respectable people were going to ensure a proper closing.  Ah well, as they say, a fool is born every minute and,   Mattamy Homes found theirs.  Once I came to the final inspection and saw the condition the house was in, I should have immediately informed my lawyer and had him deal with it.  Yes, I was probably going to end up on the street with my old house sold and a truck full of goods and no place for my children but, at least they would not have been put at risk by moving into a house wired the way it was.  My advice – you’re paying the lawyer so you should get full value from him/her.  Keep them informed of what is happening right up to and after the closing.  Ensure they are given all the facts, backed up with observations from a trained and professional house inspector and your largest investment of your life will be protected from those trying to short change you or, put you at risk through wrongly wired equipment.  Remember, even though the builders will tell you it isn’t yours until closing date, it will ultimately be yours and you have a right to ensure it is put together in the manner it was advertised to be finished.  Model homes are put up to attract the buyer and show off what the builder can do.  Anything less on your house is a fraud and you should ensure you are protected.  Did you ever wonder where Mattamy Homes got all the millions they donate to the Town of Oakville and other places, and pay for the free bus service in Milton?  It’s your money, so you have a right to demand the advertised quality.