Toll Brothers
tired of toll brothers

Bronx, NY

#213 Jun 2, 2008
we closed two years ago and have not spent one night in the property.

Also are you going to file with CAS.

When did you sign your contract, because toll may have changed their arbitration agreement to read differently.

I have a funny feeling that after our court date that toll brothers changed their arbitration claus, or CAS changed it's rules on it's web site.
KAB

Wheeling, IL

#214 Jun 4, 2008
Anyone have any luck getting out of a TB contract with any of their money back? They were so nice when they got me to sign and after loosing 5 managers, 3 of which told me that there was a $10,000 penalty and that all other funds would be returned if the contract was negated. As the market has changeed after so many delays, I literally can't afford the home! The project manager says it is my choice and I loose everything.....YIKES
tired of toll

Bronx, NY

#215 Jun 4, 2008
well we lost over $935,000.00 plus, I would have rather lost $100,000.00 then what we lost. Toll built the property with weathered material and the property is filled with all kinds of toxic mold.

I have only heard of one person that got their money back and it was the people that were orginally buying the property that toll brothers sold us.

Good luck, all they want is your money.
KAB

Wheeling, IL

#216 Jun 4, 2008
WOW! You're tired and I am scared to death. Before I knew anything about the mold problems you are experiencing, I questioned the project manager about the products that they were using as they had been sitting out for a very long time..he gave me some song and dance about it being a specially protected product...man, did they see me coming...since I have approached him to the circumstances beyond my control and inquiring about what the agents told me about the $10,000...they very nice convincing young man turned into a complete jerk...almost taunting me with "go ahead, get a lawyer, and by the way, you owe us more money that we will sue you for." In your opinion, has precedent been set for not getting anywhere?
tired of toll brothers

Bronx, NY

#217 Jun 4, 2008
I have to say that we had an order that was ruled in the way we orginally filed our Arbitration paper, and not in the manor that toll and CAS wanted to handle the case.

well because most people are trusting, as it seems we both are and others are. And there is nothing wrong with being trusting. It is wrong to intentionally defraud someone and lie to profit from, morally. Some people have no morals and standards in the way they conduct themselves.

I would speak to your attorney and see if it is worth losing the deposit then getting stuck with a property that you can not afford.

If you have pictures of the framing check them out to see if any are weathered. Also check out the CDC web site and read what they say. Also check out APA wood associations web site they have articles there also that explain the different types of wood products that are used in the construction and the grading of materials and their rating.
KAB

Wheeling, IL

#218 Jun 9, 2008
Hello All - I am getting ready to send a response to Toll regarding ending my contract with them. As a consumer I did the wrong thing and believed the words that came out of the sales people and believed them as they told me that it would only be $10,000 penalty if I couldn't get what the funds to purchase the home. As an asmathic I can't/won't risk getting into a moldy home. Any other problems like this in Illinois? Any advice?
tired of toll brothers

Bronx, NY

#219 Jun 9, 2008
I think that there may have been article on toll brothers in the papers in Chicago. search for news articles for the papers in your state. also see if there is a legal web site for public access and search that data base.

we have family their.

Also check out the truth about toll brothers and the hadd web site and hobb web site.

Like I stated before things happen it is the way you handle the matter when it arises, and they run with their heads between their legs to their lawyers, instead of just doing the right thing, god help them they will one day regret all the harm that they have produced in this world, they may watch the one thing in life they actually love suffer a great lost and no matter how much money that they have will not help.

All I have expected from them was to do the right thing.

Let me know if they file with CAS the arbitration company that is in your contract.

Do you have pictures of the structure and if not before you try to get out of the contract, go inspected the basement and the attic and any crawl spaces. See if any of the wood is black or weathered. Take pictures of everything. As long as you are in contract with them they have to let you in.

Check the anchorage ours was missing nuts, washers and were loose. Also make sure that all of your heaters and ac units are working, ours was not and still are not.

I there has to be something in the law that states that if you can not get a mortgage that you are not responsible, did you ask your attorney.

If you do not have an attorney that may get you out of the contract in a court of law.

But toll will keep you in court for years. Read also the Boston globe article on toll brothers.

good luck to you and your family. Our home has the black mold in it. This is from wet material being used in the construction and that they did not clean it prior to installation, or even after installation.
KAB

Wheeling, IL

#220 Jun 10, 2008
I just sent off a response to The Glen - Toll in Glenview Il regarding my town home that is under contract. As I said earlier, I questioned the building material that had been left out all winter before I knew anything about this site and the problems that you have all experienced. I took the liberty of sending a copy of this blog, the truth about toll blog, and letters to Bob and Bruce Toll, a woman named Donna McDonald from Toll, the Village of Glenview Inspector, have emailed Pam Zekman (a local investigative reporter)and am getting a package ready to go to the Illinois State's Attorney's office. I feel like most of you that if we never ever get a home out of this and Toll keeps our money under some, what I believe to be fraudulent understanding, at least we can try and warn the next guy. Don't get me wrong, being out 64,000 is a hardship, but I can't risk the mold issues. I am an asthmatic, which is the reason that I questioned the project manager in the first place. Thanks to all of you for having the courage and empathy to share your stories. More to come....
tired of toll brothers

Bronx, NY

#221 Jun 10, 2008
I hope that you sent all of this certified return receipt. Just to make sure that they received it.

Did you have pictures of the property during construction, for this would be evidence of the faulty material used in the construction of the property that they built for you and you family to live in.

Our property test positive for black mold, yes black mold.

And remember all I ever asked them to do was the right thing, which was to repair the property properly, but they are not willing to do so because of the cost it would be to properly inspect the property.

But if we win it could cost them millions of dollars. And if we win they can kick themself's in the b*** saying why did we not just fix the property properly as they asked and as of our responsibility. They left us not choice but to sue them. It could all of been avoided if they just did the right thing.

Let me know if you are going to go to the arbitration company called CAS that is in your contract.
KAB

Wheeling, IL

#222 Jun 10, 2008
No, I didn't get as far as you did. My first issue was that I was told by them when I first put money down, that I would only be liable for $10,000 if my home didn't sell and I couldn't make the downpayment, therefore get the mortgage! 3 of the woman who presented the contract to me told be not to worry. I explained my concern to them as it would be at least a year before I sold and I was worried about the market and didn't have the income to own 2 homes. I initiated the call when my current home is up for 200,000 less and I knew I couldn't come up with the money. The PM turned into an absolute monster and when I told him what my understanding was, he said, and I quote "they were all mistaken"...that's when I got onto this site. My asthma is so bad, I had purposely gone to the site before I knew any of this...my heart sank as I read what I read. The PM contacted me and told me I had 7 days to either request that the money go into a new condo or they will force me to the same deal that you have all been in. I was stupid to believe them when they told me that I didn't need a lawyer and it was a standard contract and ALL 3 of THEM ASSURED ME THAT ALL THAT WAS AT STAKE WAS $10,000. As a single person just finishing up helping my kids pay for their college/grad school I don't know what is going to happen to me, but I don't have the money for legal that will drag on...I sent the info UPS next day, the same way they sent the request letter to me...sorry to go on, but I am at a loss and I feel so bad for everyone and realize how lucky I am that I didn't move into a place that literally could have taken my breath away. Thank you so very much for listening.
tired of toll brothers

Bronx, NY

#223 Jun 10, 2008
How long was the material left out unprotected.

Do not feel sorry for going on, I understand. I now the feeling.

Toll Brothers staff told us that we did not need an attorney also. Put we hired one not that it helped the attorney did not tell us that with the arbitration claus in our contract that we are giving up our right to use the court system if toll screwed us. Neither does toll's contracts state that signing this contract gives you no right to use the court system if you have any issue with the property that you are purchasing from us.
Well today I had to laugh, but I aslo felt bad for them, but I say what comes around goes around and what goes around comes around. My neighbor next to my MOLD MCMANISION, told me that the model home toll brothers had and sold the people who purchased this model home sold the cabinets, doors, lights, balisters and god knows what else. They could of also sold the heaters, and all the bathroom stuff. But the clincher is that they sold the property for about 1,200,000.00 and the people walked out on the property, I do not know if they are going bankrupt, or what but toll's mortgage company holds a mortgage on the property for over 900,000.00, and there is a 2nd mortgage on it, I do not rememeber if toll holds that to. So I did feel bad because I believe that you should pay your bills when you can. And I do not believe in destorying something. But I had to laugh because they are owed on the mortgage more then what I paid for my mold mcmansion. So I guess toll has two choices try to fix it and sell it, or 2 wait to it goes for sale by the sheriffs office and hope they get the money they lost, if it goes for auction with the sheriffs office I just might have to go, just to see if it sells or not.

Could you type in on the site your arbitration agreement with toll brothers, I would like to see if it reads the same as mine.

Also you should check out the HADD website and hit search and check by builder, type in toll brothers there is a person there that tryed to get out of the contract. They got like almost nothing back. This is why I would like to read your arbitration agreement.

I wish you the best
KAB

Wheeling, IL

#224 Jun 12, 2008
Sorry for the delay...I sent out packages with most of these blogs to the Toll Brothers and Project Manager and another woman whose name was thrown around along with the Village inspector....
Ok...here is some legalese for you...
Arbitration: Buyer hereby agrees that any and all disputes with Seller or any of Seller's parents, subsidiaries, or affiliates arising out of the Premises, this Agreement, the Home Warranty or the construction or condition of the Premisis, including but not limited to, disputes concerning breach of Agreement, warranties, personal injuries, mold, representations and/or ommissions by Seller, on-site and off-site and all other torts and statutory causes of action ("Claims") shall be resolved by binding arbitration in accordance with the rules and procedures of Construction Arbitration Servicies, Inc.("CAS") or its successor or an equivalent organizaiton mutually agreed upon by the parties. If CAS is unalbe to arbitrate a particutlar claim, then that claim shall be resolved by binding arbitration pursualnt to the Construction Rules of Arbitration of the American Arbitration Assocaitaton or its successor or an equivalent organization mutually agreed upon by both parties. In addition, Buyer agrees that Buyer may not initiate any arbitration proceeding for any Claims unless and until Buyer has first given Seller specific written notice of each claim (at 250 Gibraltar.....)and given Seller a reasonable opportunity after such notice to cure any default including the repair of the Premises, in accordance with the Home Warranty. The provisions of this Section shall be governed by the provisions of the Federal Arbitration Act, 9 USC...and shall survive servive settlement. BUYER HERELY WAIVES THE RIGHT TO A PROCEEDING IN A COURT OF LAW (INCLUDING WITHOUT LIMITATION A TRIAL BY JURY) FOR ANY CLAIMS OR COUNTER CLAIMS BROUGH PURSUANT TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL SURVICE SETTLEMENT.
How's that? Answer your question?
tired of toll brothers

Bronx, NY

#225 Jun 13, 2008
ours does not have, buyer herely waives the......

But if you end up in CAS let me know.

I hope that you have pictures of the framing.

Did you go to hadd there was another person that had backed out of the contract read the story. Good luck to you, keep me posted
Toll Insider

Argyle, TX

#226 Jun 15, 2008
" but toll's mortgage company holds a mortgage on the property for over 900,000.00, and there is a 2nd mortgage on it, I do not rememeber if toll holds that to."

I need to clarify that TBI Mortgage does not "Hold" the mortgage on any home. They have the loan sold before closing even takes place.

Builders like Toll are one of the reasons mortage companies are in so much trouble. I fully believe they "cook" the numbers to get customers approved or pre-approved for new mortgages. I know the appraisals are fixed. Toll isn't the only builder doing this though.
tired of toll brothers

Bronx, NY

#227 Jun 15, 2008
actually according to documents TBI holds the note for the property. And according to those documents the note is for over 900,000.00 and there is a 2nd on it, like I said I do not remember who holds the 2nd. but I guess they could not sell that note, or they thought it was a good investment at such a high amount of interest being paid on the mortgage, not this time though. They know that they are going to take a hit on this property, the people sold anything that could come out, really the front doors, the cabinets, the baluster on the banisters, light fixtures, god only knows what they did to the basement, or the heating systems and the duck work, and the bathrooms.

And like I said I do feel bad that the people destroyed the property. If they could of afford it any longer, things happen in life, just move out, do not destroy something because you made a mistake. We make mistakes, I did when I signed toll brothers contract. So I do understand. Or like I said things happen, people lose their jobs, their company's close, things happen, but there is no reason to destory something
Mr Lamb

Eden Prairie, MN

#228 Jul 24, 2008
Thanks for all of the comments. You saved me a lot of grief. I was about to sign a contract with them.

Just say NO to Toll.
tired of toll

Bronx, NY

#229 Jul 26, 2008
you could buy from them just have your attorney re write the contract removing any arbitration clause that is in the contract. And have your attorney re write the entire contract. then if toll does not want to sell to you then they have no one to blame for not selling their product but themself's. If they believe that they are as good as they say they are then their is no need for an arbitration clause, would there be.
Toll SUCKS

Irving, TX

#230 Jul 31, 2008
Toll Insider wrote:
" but toll's mortgage company holds a mortgage on the property for over 900,000.00, and there is a 2nd mortgage on it, I do not rememeber if toll holds that to."

I need to clarify that TBI Mortgage does not "Hold" the mortgage on any home. They have the loan sold before closing even takes place.
Builders like Toll are one of the reasons mortage companies are in so much trouble. I fully believe they "cook" the numbers to get customers approved or pre-approved for new mortgages. I know the appraisals are fixed. Toll isn't the only builder doing this though.
Exactly!
Everyone should read this comment ten times and understand what is really being said here.
GG Fan

Denver, CO

#231 Aug 1, 2008
I need help trying to get my deposit from TOLL after my loan was denied. They are refusing to refund it.....
tired of toll

Bronx, NY

#232 Aug 3, 2008
good luck with that, call the attorney general and see if they can help, or your local representors.

I can not understand how legally they can keep your money if the bank has refused to give you a loan.

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